Date:
01/16/2020
Subject:
Jacob Hall/Cedar Falls School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jacob Hall, Complainant And Concerning: Cedar Falls School District, Respondent |
Case Number: 19FC:0140 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Jacob Hall filed complaint 19FC:0140 on November 27, 2019, alleging that the Cedar Falls School District (CFSD) violated Iowa Code chapter 22 by charging an excessive fee for the release of public records.
Mr. Hall provided a copy of a letter sent to the CFSD on October 5, 2019, in which he requested “an opportunity to inspect or obtain copies of public records that include any and all communications involving any one of the following parties: Janelle Darst, principal Bill Boevers, counselor Theresa Kenser, superintendent Dr. Andy Pattee and any school board member that took place before, during or after the event that happened at Peet Junior High on Sept. 23 ("kindness event") regarding the organizing, planning, execution or response to the event. I am also requesting any documentation the district has on the "Difference" group at Peet Junior High. This request includes electronic communications such as emails and text messages.” (Emphasis in original).
On October 21, 2019, he was notified that the initial estimate to fulfill his record request was $160.52, plus fees for legal review. He alleged that he informed the CSFD on November 6, 2019, that he would send payment of $160.52 the next day.
On November 7, 2019, he stated he was advised that the responsive records totaled more than 30,000 documents and that the approximate cost for legal review of the records could exceed an additional $2,000.00 over the amount previously quoted.
At this point, Mr. Hall revised his original request, resulting in about 6,000 documents. He was told that legal review would cost around $1,000.00, at a rate of $190.00 per hour for assistant time and $275.00 per hour for attorney time.
Upon receipt of the formal complaint, legal counsel responded, noting that the initial review would require at least 10 hours, at $125.00 per hour for review by a legal assistant. Following that, an associate attorney would conduct a review for redaction or removal needs, at a fee of $190.00 per hour. The attorney would only review questionable redactions at a rate of $275.00 per hour.
Mr. Hall agreed to forward the initial estimate of $1,160.52 and submitted payment in that amount on December 5, 2019.
The requested records required this level of review by legal counsel because they are student records, protected by Iowa Code section 22.7(1) and by the Federal Educational Rights and Privacy Act (FERPA). FERPA is a federal law designed to protect the privacy of students and parents with respect to educational records. The full text of FERPA is found at 34 CFR 99, 20 U.S.C. 1232g.
The CFSD contracts with a private law firm for legal analysis on the release of student records. Mr. Hall stated that the Iowa Supreme Court only charged him $46.50 per hour for legal review on a different record request. However, the Iowa Supreme Court does not normally contract with private law firms for such review. If it does, then its “actual costs” could equal, or exceed, the hourly rate quoted by the CFSD.
The CFSD proceeded forward with the record request. On December 20, 2019, records were electronically released to Mr. Hall -- 5,498 pages in one attachment, 25 pages in another attachment, and a third attachment that contained 103 additional documents. The final invoice for the records was $2,729.00. This included 19.4 hours of legal assistant review at $125.00 per hour and 1.6 hours of assistant attorney review at $190.00 per hour. The law firm did not charge for the time spent by senior legal counsel on the review.
With payment of the initial estimate, the outstanding balance is $1,729.00. Mr. Hall was billed for this balance when the records were released.
Iowa Code section 22.3 allows a government body to charge a fee for the release of records, based upon actual costs. Actual costs are defined to include “only those expenses directly attributable to supervising the examination of and making and providing of copies of public records.” (Iowa Code section 22.3(2)) There is no evidence that the CFSD added any costs other than the direct expenses incurred for legal review.
Although Mr. Hall may be correct in questioning whether allowing a lawful custodian to charge fees such as this makes such public record requests cost prohibitive, the statute does not impose any statutory dollar amount limit on fees. The CFSD could agree to charge less, but it is not a violation of Iowa law to request repayment of actual costs.
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:0140 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:
Jacob Hall
Danielle Haindfield, legal counsel for Cedar Falls School District