Date:
04/16/2020
Subject:
Al Winters/Mitchell Co. Board of Supervisors & County Attorney - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Al Winters, Complainant And Concerning: Mitchell County Board of Supervisors and County Attorney, Respondents |
Case Number: 20FC:0032
Dismissal Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On March 17, 2020, Al Winters filed formal complaint 20FC:0032, alleging that the Mitchell County Board of Supervisors (Board) and the Mitchell County Attorney (Attorney) both violated Iowa Code chapter 22.
Mr. Winters alleged in his complaint that a member of the Board was involved with a property appraisal issue as a private citizen. On March 17, 2020, Mr. Winters asked this Board member for copies of correspondence the Board member had submitted to the Property Assessment Appeal Board (PAAB). He alleged that on March 17, 2020, the Board member responded to his request and stated he had not saved his personal correspondence and had nothing to release.
On March 17, 2020, Mr. Winters filed a request for all correspondence between the Board member and the PAAB from October 1, 2019 through March 16, 2020; all correspondence between the PAAB and the Attorney for those same dates; and all correspondence between the Board member and the Attorney that reference the two other record requests. At the time of the filing of this complaint, he had not received the requested records.
On March 18, 2020, the Board member responded to the complaint, stating that the records requested by Mr. Winters were not public records as defined by Iowa Code section 22.1(3), that includes “all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, ….” (Emphasis added.)
The Board member’s correspondence as a private individual does not belong to the Mitchell County Board of Supervisors and, therefore, is not a public record as defined by Iowa Code.
The Attorney also responded to the complaint on March 18, 2020. He included a copy of the correspondence he provided to Mr. Winters on March 17, 2020. On that date he advised Mr. Winters that he had approximately 20 pages of public records responsive to his record request. He asked for payment of copying fees prior to going forward with copying.
The requested public records are available from the Attorney. Mr. Winters was notified of this on the same day he made his record request. There was no refusal or unreasonable delay by the Attorney.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 20FC:0032 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 April 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2020, to:
Al Winters
Mark Walk, County Attorney for Mitchell County