Date:
01/16/2020
Subject:
Marty Ryan/Iowa Department of Corrections - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Marty Ryan, Complainant And Concerning: Iowa Department of Corrections, Respondent |
Case Number: 19FC:0136 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Marty Ryan filed formal complaint 19FC:0136 on November 21, 2019. He alleged that the Iowa Department of Corrections (DOC) violated Iowa Code chapter 22.
Mr. Ryan stated that he submitted a request for public records to the director of the DOC on November 5, 2019. He requested copies of the Board of Corrections meeting minutes from three meetings in 2015. He stated he received the requested records on November 21, 2019. He wanted the records prior to that date to support his position concerning the proposed dismissal of formal complaint 19FC:0078, scheduled for the afternoon of November 21, 2019.
He also alleged that when he called the director’s office on November 12, 2019, he was informed that the record request was “sitting on her desk for approval.” He stated the delay is “inexcusable.”
The formal complaint was forwarded by IPIB staff on November 25, 2019.
Counsel for the DOC responded orally on December 5, 2019, and in writing on December 11, 2019. In her response, she noted that the record request was not sent to the record custodian as provided on the DOC website. The record request was routed to the record custodian on November 8, 2019, a Friday. The record custodian was not able to begin the record retrieval until November 12, 2019, as November 11, 2019, was a state holiday. The records were retrieved and released eight business days later.
DOC also acknowledged that a telephone conversation with Mr. Ryan did occur on November 12, 2019, but disagrees with his characterisation of the conversation.
Iowa Code does not provide a set period of time in which to release a record. The Iowa Supreme Court, in Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444 (Iowa 2013), listed what should be considered to determine if a delay is unreasonable:
“Under this interpretation, practical considerations can enter into the time required for responding to an open records request, including ‘the size or nature of the request’ But the records must be provided promptly, unless the size or nature of the request makes that infeasible.” (At 461).
Mr. Ryan was able to present the information he needed from the records requested in defending his previous formal complaint before the IPIB at its November 21, 2019, meeting. However, he stated that the delay of the record release impacted his ability to respond to the proposed Order prior to the meeting.
At the IPIB meeting on December 16, 2019, Mr. Ryan requested additional time to prepare a written objection to the proposed dismissal of this formal complaint. His objection is attached.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0136 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 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, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2020, to:
Marty Ryan
H. Lorain Wallace, AAG, counsel for the Iowa Board of Corrections