Date:
12/19/2019
Subject:
Nancy Christensen/City of Madrid - Revised Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Nancy Christensen, Complainant And Concerning: City of Madrid, Respondent |
Case Number: 19FC:0120 Revised Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Revised Dismissal Order.
On October 14, 2019, Nancy Christensen filed formal complaint 19FC:0120 against the City of Madrid (City), alleging that the City had violated Iowa Code chapter 22.
On September 19, 2019, she submitted a request for information regarding vehicles removed from the City pursuant to the City’s junk vehicle ordinance. She asked for the names of vehicle owners, a description of each vehicle, the name of the towing company involved, title release information for each vehicle, and any compensation received by the City.
The police chief replied to her request on September 20, 2019, stating that the City police do not tow vehicles. Instead, they provide contact information for towing services. The City does not pay or collect funds. Therefore, the City did not have any responsive records that could be released.
On October 9, 2019, Ms. Christensen submitted a clarified record request, referencing information available on social media that appears to suggest that the City does tow vehicles. She then requested that the City find the information she seeks and complete a spreadsheet she provided to the police chief. He provided one record that showed that the City assisted a property owner by providing towing information. This record concerned an abandoned vehicle, not a vehicle removed pursuant to the junk vehicle ordinance. He added that his office does not tow vehicles.
The city attorney initially responded to the formal complaint, reiterating that the City does not possess any records responsive to her request. Subsequently, the city attorney requested additional time to research whether any records did exist that could be responsive.
The city attorney found one record, including photographs, that was sent in March 28, 2019, and addressed the removal of a vehicle, parked on a city street, leaking fluid that could constitute a hazard. The letter directed the vehicle owner to remove the vehicle and clean up the fluid spill. This was provided to the IPIB and the complainant. This was not a junk vehicle.
The city attorney explained how the chief of police handles junk vehicle enforcement as follows:
“He makes informal contact by knocking on the door of the residence. If the owner is present he speaks to them about the issue. If they are not, he places his business card with a note on the back to call him about the issue of junk vehicles. He does not keep a copy of the business card and the note on the back. If he speaks to the owner, he does not keep a copy of any notes he writes down, if any. Most of the time, the owners call him or one of his officers and the matter is resolved. If the owner of the vehicle does not respond, he provides a letter from the Madrid Police Department and again serves it personally or drops it off at the house. Once the vehicle is removed, he writes removed on the copy of the letter that he has kept and shreds the paperwork. Thus, no paperwork exists.”
Therefore, after further investigation, it was confirmed that no responsive records existed.
Iowa Code chapter 22 does not require a government body create records responsive to a record request when the government body does not possess the records requested.
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 all those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0120 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 December 19, 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 December, 2019, to:
Nancy Christensen
City of Madrid, John Flynn, City Attorney