19FC:0116 Elizabeth Hansen/City of Windsor Heights - Dismissal Order

Date:
11/21/2019

Subject:
Elizabeth Hansen/City of Windsor Heights - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

On October 6, 2019, Elizabeth Hansen filed formal complaint 19FC:0116, alleging that the City of Windsor Heights violated Iowa Code chapters 21 and 22.  She alleged the following violations:

1. On September 5, 2019, she requested the “opportunity to inspect or obtain copies of public records via digital format related to communications, including but not limited to emails, cellular phone calls and cellular text message usage by the Windsor Heights Mayor and City Council Members,” to include internal and external communications “relating to the City of Windsor Heights and the employment of Elizabeth Hansen, communications with anyone regarding the search of an Interim City Administrator and the hiring of a search firm for Ms. Hansen’s replacement…” since January 1, 2019.  She received a response from the City on September 6, 2019, indicating that the City was “working with IT to perform the search” and would provide information about the costs to retrieve and produce the records.

2. On August 22, 2019, she requested copies of the minutes of the Complete Streets Advisory Committee and of the Development Committee since July 1, 2019.  She received a response on September 5, 2019, stating that the City did not have any responsive records. She alleged that the City ordinances require that the city clerk keep such minutes.

3. Also on August 22, 2019, she requested a copy of the “Personnel Action Form and the minutes of the Council meeting when they voted to approve your wage increase for taking over Communications Specialist Jessica Vogel’s duties.”  A September 5, 2019, response from the City said the form “was part of a personnel action and not subject to disclosure.”

On October 11, 2019, the City, through counsel, responded to the first complaint, stating that an email was sent on that date to Ms. Hansen, advising that the records were ready for pickup and advising that the costs associated with the request totaled $926.50.  The response did not address the other two matters.

After a prompt from the IPIB concerning the other two issues on October 21, 2019, the City responded further on October 29, 2019.  That response indicated that neither of the two committees was a governmental body as defined by Iowa Code section 21.2(1). No minutes were kept.  In addition, the Complete Streets Advisory Committee last met in February 2018.

As to the minutes of the council meeting when a wage increase was discussed and approved, counsel for the City stated that the temporary salary increase was not brought before the City Council for approval, so there are no responsive records.

The IPIB has the authority to review and enforce the requirements of Iowa Code chapters 21 and 22 as outlined in Iowa Code section 23.1.  The IPIB does not review and enforce city ordinances.

The City indicated on September 6, 2019, that a search for the requested records would be initiated and that Ms. Hansen would be advised when the search was completed.  She would also receive notice of the costs involved with fulfilling this request as outlined by the City’s fee schedule.  This was accomplished by October 11, 2019.    

There are no allegations that the advisory committees are governmental bodies as defined by Iowa code.  There are also no allegations that a majority of the City council members participated in either committee.  Therefore, there were no meetings as defined by Iowa Code section 21.2(2).

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:0116 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.

1 The Fee Schedule for the City of Windsor Heights was adopted on April 1, 2019.  It provides for recovery of the actual costs involved with retrieving, reviewing, and providing copies of public records.  In this instance, costs were based upon 12.5 hours of staff time, 321 pages of documents and two hours of legal review and redaction time.

CERTIFICATE OF MAILING

This document was sent by electronic mail or First Class mail on the ___ day of November, 2019, to:

Elizabeth Hansen

Erin Clanton, council for the City of Windsor Heights