Date:
05/21/2020
Subject:
Mari Radtke/City of Archer City Council - Informal Resolution Report and Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Mari Radtke, Complainant and Concerning: City of Archer City Council, Respondent |
Case Number 20FC:0005
Informal Resolution Order
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This matter comes before the Iowa Public Information Board (IPIB) this 21st day of May, 2020, to consider Acceptance of an Informal Resolution.
The IPIB accepted the complaint against the City of Archer City Council on January 14, 2020. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution.
The Board has reviewed the settlement proposal and approves it pursuant to Iowa Administrative Rule 497-2.4(3).
The parties have 120 days to complete the proposed terms from today’s date. If the terms of the Informal Resolution are completed, the IPIB will dismiss the complaint.
_______________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _________ day of ___________, 2020, to:
Mari Radtke
City of Archer City Council
Before The Iowa Public Information Board
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In re the Matter of: Mari Radtke, Complainant and Concerning: City of Archer City Council, Respondent |
Case Number 20FC:0005
Informal Resolution Report
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On January 13, 2020, Mari Radtke filed formal complaint 20FC:0005 alleging that the City of Archer City Council (Council) violated Iowa Code chapter 22.
The Iowa Public Information Board (IPIB) accepted the complaint on January 14, 2020, as to the alleged violation concerning excessive charges for public records production. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution as outlined by the attached report from Brett Toresdahl.
The terms of the informal resolution are to be completed within 120 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
It is recommended that the IPIB approve the proposed informal resolution and set the matter for compliance review in accordance with the terms of the informal resolution.
Respectfully submitted,
Zachary S. Goodrich, J.D.
Legal Counsel
A copy of this document was sent via email on the ________ day of May, 2020, to:
Mari Radtke
City of Archer City Council
Mari Radtke, Complainant
And
Archer City Council, Respondent
Case Number: 20FC:0005
On January 13, 2020, Mari Radtke filed formal complaint 20FC:0005, alleging that the Archer City Council (Council) violated Iowa Code chapter 22.
Ms. Radtke alleged that the Council is taking action to adopt a resolution to set fees for the review and release of public records. She states that the proposed resolution would set a flat fee of $1.00 per page and a minimum fee of $10.00 for clerk’s time and would require records be sent by certified mail, with the record requestor charged with that mailing cost.
She added that at the meeting on December 9, 2019, the Council approved a motion to hold a public hearing on a proposal to approve a fee of $50.00 per page, plus clerk’s time and certified mailing. No such public hearing has been scheduled.
She asked whether the Council could approve the fee schedule by resolution or if a public hearing is required. She also challenged the legality of the proposed fee schedule.
In response, the Mayor stated that the fee is premised upon the fact that the city of Archer does not have a copy machine, a city hall, or the internet. The part-time clerk must drive to Archer to retrieve the records, then to another town 10 miles away for a total drive of 44 miles (at $0.35 per mile). Copy charges range from $0.50 to $1.25 per page. He added that it is “standard practice locally to mail documents by Certified mail.”
There is no requirement in Chapter 22 that requires a fee policy be approved by City ordinance or resolution. Iowa Code section 22.3(2) does allow a government body to charge the expenses of the examination and copying to the person requesting the records, based upon the actual costs of such. A flat fee does not allow for determination of actual costs. Chapter 22 does not require records to be sent by certified mail. The proposed policy would not allow for in-person examination of a public record.
By accepting this complaint, the IPIB staff, with the assistance of the Iowa League of Cities, can work with the Council to develop a fee policy that meets the requirements of Chapter 22.
The Iowa Public Information Board (IPIB) accepted the formal complaint on February 20, 2020, as to the violation of Iowa Code section 22 due to the response of the city to the public record requests.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution. The parties agree to the following terms:
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The City Council will acknowledge that the described actions occurred.
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The city clerk, mayor, and city attorney should develop a policy to guide the city’s response to public record requests that is in compliance with Iowa Code chapter 22. This would include ability of the requestor to be able to examine public records (Iowa Code chapter 22.2) and the supervision and fees associated with fulfilling a records request (Iowa Code chapter 22.3). The Iowa League of Cities and the Iowa Public Information Board can be a resource for the city in the development of this policy.
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The City Council will review and adopt this policy that will guide the city’s response to public records requests that is in compliance with Iowa Code chapter 22.
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The City Council shall conduct training for all City staff and Council members on Iowa Code chapter 21 & 22 (Sunshine Laws). The City Council may utilize the PowerPoint training available on the IPIB website and work with the Iowa League of Cities to conduct the training.
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The City Council shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The terms of this informal resolution will be completed within 120 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
The City Council approved the informal resolution at a meeting on May 5, 2020.
Ms. Radtke approved the informal resolution on May 11, 2020.
The IPIB Deputy Director recommends that the IPIB approve the informal resolution and authorize the IPIB Chair to sign the informal resolution on behalf of the IPIB.
By the IPIB Deputy Director
_________________________________
Brett J. Toresdahl