Date:
02/20/2020
Subject:
James Banks/Polk County Attorney's Office - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: James Banks, Complainant And Concerning: Polk County Attorney’s Office, Respondent |
Case Number: 20FC:0003
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 January 12, 2020, James Banks filed a formal complaint against the Polk County Attorney’s Office (PCA) alleging a violation of Iowa Code chapter 22.
Mr. Banks alleged that the PCA violated public records laws by failing to supply certain requested emails and by stating the requested emails do not exist following his record request to the PCA dated May 1, 2019. He asked the IPIB to require the release of the emails.
In response to the complaint, the PCA provided additional correspondence concerning the May 1, 2019, record request. An earlier request, dated April 23, 2019, was sent to the “Polk County Records Officer”. A response was mailed by the PCA to Mr. Banks on April 26, 2019. The response noted that there were no responsive records to six of his requests.
As to the other two requests, one was withheld as records that were confidential pursuant to Iowa Code section 22.7(4), work product of an attorney related to litigation or claim made by or against a public body. The other records were withheld by the PCA pursuant to Iowa Code section 22.7(4) and 22.7(18) (communications not required by law, rule, procedure, or contract that are made to a government body).
The May 1, 2019, record request sent directly to the PCA is a duplicate of the request made on April 23, 2019, and answered by the PCA on April 26, 2019.
Iowa Code section 23.7(1) states that a complaint must be filed within 60 days from the time the alleged violation occurred. More than 60 days have elapsed since the PCA response to the first record request.
In addition, Iowa Code section 23.8(2) states that the IPIB shall decline to accept a complaint if it “relates to a specific incident that has previously been finally disposed of on its merits by the board or a court.” Polk County District Court disposed of any objection concerning the Iowa Code section 22.7(4) confidential records.
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 20FC:0003 is dismissed as 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
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2020, to:
James Banks
Polk County Attorney’s Office, Dominic Anania, assistant Polk County attorney
These records had previously been subpoenaed by Mr. Banks in two separate district court proceedings. The PCA provided a copy of the court ruling issued on April 22, 2019, in CVCV057358. The district court quashed the subpoenas, ruling that the documents were considered work product and were attorney-client protected communications.