Date:
01/16/2020
Subject:
Allan Blutstein/University of Iowa - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Allan Blutstein, Complainant And Concerning: University of Iowa, Respondent |
Case Number: 19FC:0135
Acceptance Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On November 21, 2019, Allan Blutstein filed formal complaint 19FC:0135 on behalf of his client, Speech First, Inc. He alleged that the University of Iowa (UI) violated Iowa Code chapter 22.
On October 30, 2019, Mr. Blutstein submitted a request to UI that sought emails sent by five UI employees that “mention the InterVarsity or BLinC student organizations or lawsuits,” dated September 27, 2019, through October 4, 2019. His record request for these emails was denied on November 15, 2019.
Mr. Blutstein submitted a copy of an email he received from the UI transparency officer on November 15, 2019, which stated, in part, that the emails he requested are confidential attorney-client privileged communications or draft material not subject to disclosure pursuant to Iowa Code section 22.7(65). No offer was made to provide redacted records.
UI was notified of this formal complaint on November 25, 2019. On December 5, 2019, the UI transparency office notified IPIB that the complaint had been forwarded to legal counsel. IPIB staff contacted the UI legal counsel on December 6, 2019, and on December 12, 2019, to determine if UI would be responding. On December 13, 2019, legal counsel indicated a response would be sent by December 20, 2019.
Another email was sent by IPIB staff on December 30, 2019, requesting an update on the status of the response. On January 2, 2020, legal counsel promised a response the week of January 6, 2020. IPIB staff followed up with an email dated January 8, 2020. As of the date of this Order, no response has been provided.
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 meets those requirements.
By accepting this formal complaint, IPIB staff can assist with the review, redaction, and release of those records, or portions of records, that are not confidential.
IT IS SO ORDERED: Formal complaint 19FC:0135 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to reach an informal resolution as required by Iowa Code section 23.9.
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 January 16, 2020. 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2020, to:
Allan Blutstein
Nathan Levin, legal counsel for the University of Iowa