Date:
11/21/2019
Subject:
Kim Martley/Wayne County Extension Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Kim Martley, Complainant And Concerning: Wayne County Extension Council (Wayne County Agricultural Extension District), Respondent |
Case Number: 19FC:0115 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On October 4, 2019, Kim Martley filed formal complaint 19FC:0115, alleging that the Wayne County Extension Council (Council) violated Iowa Code chapter 22.
Ms. Martley alleged that the Council is charging $0.10 per page to retrieve, review, and release public records. She filed a request for copies of a record received in PDF form from the bookkeeper. The Council charged her for the number of pages (seven) in the attachment, rather than charging $0.10 for the single attachment. She believes that the cost should be per attachment, no matter how many pages are in the attachment.
On October 21, 2019, the Council chair, Daniel Rockhold, responded to the complaint. He stated that the Council adopted the fee policy on September 19, 2019. The policy allows a fee of $0.10 per page for black and white copies and $0.25 for color copies. Electronic copies are charged at $0.10 per page for black and white or color copies. He added that the fees charged are based upon actual costs for the retrieval, review, and release of the records, including processing time by Council staff as allowed by Iowa Code section 22.3(2):
2. All expenses of the examination and copying shall be paid by the person desiring to examine or copy. The lawful custodian may charge a reasonable fee for the services of the lawful custodian or the custodian’s authorized designee in supervising the examination and copying of the records. If copy equipment is available at the office of the lawful custodian of any public records, the lawful custodian shall provide any person a reasonable number of copies of any public record in the custody of the office upon the payment of a fee. The fee for the copying service as determined by the lawful custodian shall not exceed the actual cost of providing the service. Actual costs shall include only those expenses directly attributable to supervising the examination of and making and providing copies of public records. Actual costs shall not include charges for ordinary expenses or costs such as employment benefits, depreciation, maintenance, electricity, or insurance associated with the administration of the office of the lawful custodian.
In his response, he outlined the steps necessary for staff to review the record request, find the requested document, review it, and then email it to the person requesting the record as justification for the actual cost. He noted that Council staff do not release a record without reviewing the record.
Ms. Martley responded that she was the office assistant for the Council and the process should not require any review. She noted that it “takes less than a minute regardless if the report I requested is 7 pages or 100.”
It is not a violation of Iowa Code chapter 22 to charge for the actual costs to retrieve, review, and release a public record. A charge of $0.10 per page to retrieve, review, and release electronic records is not unreasonable and most likely less than actual cost.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0115 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on November 21, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2019, to:
Kim Martley
Daniel Rockhold, chair, Wayne County Extension Council