19FC:0119 & 19FC:0122 Darren Yoder/City of Cedar Falls/Black Hawk County Dispatch - Order to Consolidate and Dismiss

Date:
11/21/2019

Subject:
Darren Yoder/City of Cedar Falls/Black Hawk County Dispatch - Order to Consolidate and Dismiss

Opinion:

The Iowa Public Information Board

In re the Matter of: Darren Yoder, Complainant And Concerning: City of Cedar Falls and Black Hawk County Dispatch, Respondents

Case Numbers: 19FC:0119 (City of Cedar Falls) and 19FC:0122 (Black Hawk County Dispatch)                   Order to Consolidate and Dismiss

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Consolidate both complaints and Dismiss.

Darren Yoder filed formal complaint 19FC:0119 on October 10, 2019, and formal complaint 19FC:0122 on October 16, 2019.  Both complaints allege a violation of Iowa Code chapter 22.

 

Formal Complaint 19FC:0119

Mr. Yoder alleged that the City of Cedar Falls (City) violated Iowa Code chapter 22 by failing to release public records he requested.  On September 30, 2019, he sent a public records request to the City’s fire chief and attorney. He requested copies of “all Firehouse reports for commercial & residential structure fire calls for 2019.”  He added, “Please include the complete narrative report and personnel report for the same. In addition, please provide all Unit Information from dispatch including: Dispatch, En Route and Arrival times for the same.”

In response, the City informed him that the actual cost to retreive, review, and produce those records would be $5639.27 to cover the cost of 92 hours of review and an estimated 994 pages.  The City requested advance payment of these fees prior to beginning the record search.

Following the filing of this complaint, Mr. Yoder and the City engaged in additional communication to revise his record request.  Mr. Yoder stated on October 10, 2019, that he would narrow his request to the months of January, February, and March of 2019. A new estimate was provided to Mr. Yoder on October 17, 2019, for $2026.93.

Mr. Yoder questioned the hourly rates quoted.  He requested that the IPIB “investigate other cities to determine what the cost might be for this same FOIA request.”

Formal Complaint 19FC:0122

Mr. Yoder alleged that the Black Hawk County Dispatch (Dispatch) violated Iowa Code chapter 22 by failing to release public records he requested.  On October 9, 2019, he requested “a report for how many times Cedar Falls Engine 511 was dispatched in 2019.” He asked that the report include “the date of each dispatch along with the Dispatch, En Route and Arrival times for each dispatch of Engine 511.”

On October 16, 2019, legal counsel for Dispatch responded to his request, indicating that there is no record responsive to his request.  It was suggested that he contact the Cedar Falls public safety director as this information would be uploaded directly to the City of Cedar Falls.

Mr. Yoder requested that the IPIB determine whether this was correct.

On October 22, 2019, legal counsel for Dispatch responded to this complaint.  In the response, it was noted that Dispatch considers the lawful custodian of any Dispatch records to be the government body that contracted with the Dispatch Center for dispatching services.  Legal counsel also stated that there was a record that could be partially responsive to Mr. Yoder’s request.  

The one page document generated by Dispatch was forwarded to legal counsel for the City on October 22, 2019.  This document was then provided by the City to Mr. Yoder that same day. Mr. Yoder expressed concern that the City may have modified the record from Dispatch.  At IPIB staff request, Dispatch sent a copy of its record directly to Mr. Yoder on November 13, 2019.

Analysis

Both complaints concern the same records or information.  For that reason it is appropriate to consolidate these complaints.

Iowa Code section 22.3(1) allows a government body to collect the expenses incurred in fulfilling a record request prior to fulfilling the request:
 

1. The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian’s authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means. Fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of expenses to be incurred in fulfilling the request and such estimated expenses shall be communicated to the requester upon receipt of the request. The lawful custodian may adopt and enforce reasonable rules regarding the examination and copying of the records and the protection of the records against damage or disorganization. The lawful custodian shall provide a suitable place for the examination and copying of the records, but if it is impracticable to do the examination and copying of the records in the office of the lawful custodian, the person desiring to examine or copy shall pay any necessary expenses of providing a place for the examination and copying.

 

Iowa Code section 22.3(2) requires that the fees be based upon the ‘actual costs’ of fulfilling the request:

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.

 

The initial quote to fulfill the record request by the City was $5639.27.  Mr. Yoder modified his request. The modified estimate was $2026.93. Both estimates were explained in detail with the hourly rates for the employees involved with review of the records and the actual costs for the copying expenses.  There is no evidence that these fees were not based upon the ‘actual costs’ of fulfilling the record request.

‘Actual costs’ for fulfilling a record request will fluctuate depending upon the employee salaries of a government body, the type of record requested, and other such varying fees and expenses.  The State of Iowa does not impose a standardized fee for record requests.

The record request to the City will be completed when Mr. Yoder arranges for payment of the expenses of fulfilling the request as provided by Iowa law.  There is no violation of Iowa Code chapter 22 at this time.

The Black Hawk County Dispatch did not have the records requested by Mr. Yoder.  The only record that might have been partially responsive to his record request was provided to him by the City.  When he questioned the legitimacy of the record he received, Dispatch confirmed its accuracy and released another copy directly to him.

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.  These complaints do not meet those requirements.

 

IT IS SO ORDERED:  Formal complaints 19FC:0119 and 19FC:0122 are consolidated and 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  Emergency response records often contain medical information, peace officer investigative reports, personnel information, and other information that is confidential under state and/or federal laws.  

2 This estimate is based upon 31 hours of review by the fire chief at $59.414 per hour ($1841.83); 1.5 hours of review by the police chief at $75.452 per hour ($113.18); and 0.5 hour of review by the city attorney at $69.045 per hour ($34.52).  It was estimated that 374 pages of records would be produced, at $0.10 per page.  

CERTIFICATE OF MAILING

    

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

 

Darren Yoder

Kevin Rogers, city attorney for the City of Cedar Falls

Steven Weidner, counsel for the Black Hawk County Dispatch