Date:
02/24/2020
Subject:
Nicole Adams/Guthrie County - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Nicole Adams, Complainant And Concerning: Guthrie County, Respondent |
Case Number: 19FC:0147
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On December 26, 2019, Nicole Adams filed a formal complaint against Guthrie County (County) alleging a violation of Iowa Code chapter 22.
Ms. Adams alleged that December 10, 2019, she sent a public records request to the county assessor requesting copies of records documenting the County’s authority to “assess additional property taxes for RIZ from lot owners at Diamondhead Lake for the benefit of Long Branch Maintenance Corporation,” along with “the chain of continued authority until present for your assessment authority.”
She also requested documentation that Long Branch Maintenance Corporation “has any more rights or authority than any other corporate lot owner or private lot owner at Diamondhead Lake as it relates to taxes assessed and collected” by the County.
Ms. Adams expressed her concern that the Long Branch Maintenance Corporation, a private corporation, engaged in mismanagement and should be subject to County oversight.
In a letter dated January 9, 2020, the county attorney responded on behalf of the County. She attached the responses provided to Ms. Adams on December 27, 2019, and on December 30, 2019. These responses indicated that the county assessor did not have any responsive records. The December 27, 2020, response stated that the county recorder had various records on file concerning Diamondhead Lake and listed those records.
The December 30, 2019, county attorney response noted that the county auditor had documents “such as the annual debt certification and accompanying spreadsheet,” as well as documents “relating to the levy.” Those documents were not responsive to the record request, but could be of interest to Ms. Adams.
The county attorney noted that although there are no records responsive to Ms. Adams’ record request, the County would provide copies of the records that did exist if Ms. Adams wanted copies of those. Her other concerns, such as corporate mismanagement and lack of County oversight, are not matters concerning chapters 21 and 22.
The county attorney also noted that the initial response to the record request was made within 16 calendar days. Any delay was due to the holiday and to deaths in the assessor’s family. In addition, the County attempted to find other records Ms. Adams might find useful since no responsive records existed.
Following this response, Ms. Adams submitted additional comments concerning the lack of County oversight and collection of property taxes. These are matters beyond the jurisdiction of the IPIB.
The IPIB has jurisdiction over complaints concerning Iowa Code chapters 21 and 22, pursuant to Iowa Code section 23.1.
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:0147 is dismissed as legally insufficient and beyond the jurisdiction of the IPIB 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 February 20, 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 February, 2020, to:
Nicole Adams
Brenna Bird, Guthrie County Attorney
Ms. Adams made a claim that the county attorney represented her in past matters, which the county attorney denies. This is also not a matter governed by Iowa Code chapters 21 and 22.