Date:
12/19/2019
Subject:
Don Burgmaier/Iowa Department of Human Services - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Don Burgmaier, Complainant And Concerning: Iowa Department of Human Services, Respondent |
Case Number: 19FC:0137 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Don Burgmaier filed formal complaint 19FC:0137 on November 25, 2019. He alleged that the Iowa Department of Human Service (DHS) violated Iowa Code chapter 22 by failing to provide copies of public records.
Mr. Burgmaier filed a request for the following information on November 1, 2019:
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Produce “Reasonable Efforts” documents that state DHS is required to correct the damage done as the result of founding DHS abuse reports that were later expunged?
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Produce DHS policy that reverses the damage done after DHS abuse reports are unfounded and or expunged against a parent?
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Produce DHS rules, regulations and Iowa Code that are written to correct the damage done by DHS resulting in injury to families after DHS concludes that the abuse reports written by a social worker are corrected and or expunged? This request is also based upon court findings in favor of the parents.
Mr. Burgmaier stated that this is the same request made to previous DHS directors Jerry Foxhoven (February 22, 2019) and Gerd Clabaugh (August 13, 2019). Mr. Burgmaier also referenced an expungement of DHS records and alleged that DHS failed to obey a court order.
Both times, his earlier record requests were denied as not a record request, but instead a request for DHS to take certain action. This time, he was advised that there “are no records responsive to your request.”
It is apparent that Mr. Burgmaier believes that DHS did not obey a court order and has failed to properly redress his grievances over past actions taken by DHS. Those issues are more properly addressed through the judicial system. This is not a request for records. The IPIB does not have jurisdiction to direct DHS take certain action to redress his grievances.
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 those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0137 is dismissed as legally insufficient, without merit, and relating to a specific incident that has previously been finally disposed of on its merits by the board or a court 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:
Don Burgmaier
Matt Highland, DHS