20FC:0007 Clark Kauffman/Iowa Workforce Development - Dismissal Order

Date:
03/19/2020

Subject:
Clark Kauffman/Iowa Workforce Development - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of: Clark Kauffman, Complainant And Concerning: Iowa Workforce Development,  Respondent

Case Number: 20FC:0007                              Dismissal Order

 

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

 

On January 21, 2020, Clark Kauffman filed this formal complaint against the Iowa Workforce Development (IWD) alleging a violation of Iowa Code chapter 22.  He alleged that IWD refused to provide access to certain public records he requested on January 21, 2020.

 

In his complaint, Mr. Kauffman alleged that he requested various records from the media contact at the IWD on January 21, 2020.  He stated he was told to “put my request in writing and submit it ‘through the portal’ on the agency’s web site” and referred to an attorney for the IWD.

 

He further alleged that the IWD attorney also informed him that his record request would need to be submitted through the IWD website.  When he later submitted his record request through the portal, he stated he received an automated email message that the record he requested was not published and, therefore, was not immediately available.  There was additional language that addressed release of confidential records which was not applicable to the records he requested.  

 

Mr. Kauffman asked that the IPIB address whether the required use of this portal was consistent with Iowa law.

 

Iowa Code section 22.3(1) states, in part:

 

1. The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian’s authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means. 

 

Legal counsel for the IWD responded to the complaint on February 4, 2020.  The response outlined the reasons and rationale for the use of the NextRequest online portal.  He stated:

 

The NextRequest portal is accessible via IWD’s website where a requester can complete an online form to submit a request. If the requester is seeking information that is confidential under Iowa Code Chapter 96, the requester is required to submit a waiver indicating their legal entitlement to such confidential documents.  Once the request is submitted, an IWD employee receives notification of the request. The employee can either: contact the requester via the portal to clarify or provide additional information, provide information to the requester if needed, or refer the request to other areas of IWD to fulfill the request.

 

The response also outlined the review steps that IWD must undergo when responding to a record request containing confidential and personally identifiable information in decisions rendered by the IWD and its administrative law judges.

 

Legal counsel did not specifically respond to Mr. Kauffman’s allegation concerning mandatory use of an online written request records in light of the statutory requirements of Iowa Code section 22.3(1), but offered to work with the IPIB to address any shortcomings in the current practice.

 

The NextRequest portal system is utilized by other state agencies.  IPIB staff contacted the Office of the Chief Information Officer (OCIO), the Department of Cultural Affairs, and the State Archivist to discuss how to use NextRequest while still complying with Iowa law.  As this is an issue that extends beyond IWD, a statement was issued to assist all state agencies (see Exhibit 1).

 

In addition, the IWD made appropriate changes to its website to clarify that record requests can be filed in writing, in person, and by telephone.

 

The IWD was not complying with Iowa public records laws when requiring all record requests be filed through the NextRequest portal.  However, this violation has been adequately addressed and remedied by the IWD. Mr. Kaufmann’s complaint provided an opportunity to review and provide guidance on the proper use of NextRequest.  This portal will provide an additional resource to access government records. However, everyone still retains the ability to request records in person, by telephone, or in writing.

 

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.  Although this complaint does meet those requirements, the violation has been successfully addressed and resolved.

 

IT IS SO ORDERED:  Formal complaint 20FC:0007 is dismissed as resolved.  

 

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 March 19, 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.

 

Dated this ____ day of March,  2020.

 

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the ___ day of March, 2020, to:

 

Clark Kauffman

Iowa Workforce Development

1  Iowa Code section 22.1(2) allows a government body to “delegate to particular officials or employees of that government body the responsibility for implementing the requirements (of Chapter 22)” and requires each government body “publicly announce the particular officials or employees to whom responsibility for implementing the requirements of this chapter has been delegated.”  A government body is not required to make every employee responsible for fulfilling record requests.