19FC:0130 Sue Davidson/Polk County Public Works - Dismissal Order

Date:
11/21/2019

Subject:
Sue Davidson/Polk County Public Works - 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.

Sue Davidson filed formal complaint 19FC:0130 on October 28, 2019, alleging that the Polk County Public Works (County) violated Iowa Code chapter 22.

Ms. Davidson alleged that on September 19, 2019, she filed a second public records request with the County for records concerning the application information for a new septic system.  She made one request by letter on June 26, 2019, and another one by certified mail, which was received on September 23, 2019. She further noted that the septic system is discharging wastewater onto her property, and she needed the information for court litigation.

On November 4, 2019, the County responded to the complaint and stated that the June 26, 2019, correspondence was viewed as a code enforcement complaint.  When the September correspondence was received, it was handled as a public record request after the filing of this complaint. The records were forwarded to her legal counsel on October 28, 2019.

Ms. Davidson acknowledged that records were sent to her attorney.  She has stated that this complaint can be dismissed as the records have been released.

 
Iowa Code section 23.8(1) requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint.   Ms. Davidson agreed to the dismissal of the complaint.

IT IS SO ORDERED:  Formal complaint 19FC:0130 is dismissed pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b) as the records have been released.

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 the decision.
 

By the IPIB Executive Director

_______________________________

Margaret E. Johnson

CERTIFICATE OF MAILING

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

Sue Davidson

Dominic Anania, assistant Polk County attorney