Date:
05/21/2020
Subject:
Stephanie Latta/City of Emerson - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Stephanie Latta, Complainant And Concerning: City of Emerson, Respondent |
Case Number: 20FC:0038
Dismissal Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On April 7, 2020, Stephanie Latta filed formal complaint 20FC:0038, alleging that the City of Emerson (City) violated Iowa Code chapter 22 on April 6, 2020.
Ms. Latta alleged that she requested public records from the city clerk. She did not indicate the date of her record request or provide a copy. She alleged that she was “denied access to these records despite myself being the mayor and having the ability to call for these records.”
The city clerk responded to the complaint on April 10, 2020. She provided a copy of the emails from Ms. Latta dated April 1, 2020, and April 3, 2020. The first email directed the city clerk to make changes to the City’s bank account authorizations. The second email asked for “Malvern Bank and Bank of Iowa meeting minutes authorizing myself to be added to both accounts and the necessary documents needed to add me on each one.” These are not requests for public records.
The city clerk added that while trying to accomplish the tasks, she noticed that the authorization resolution allowing Ms. Latta access to bank records was not sufficient. She drafted a new resolution for the April 8, 2020, city council meeting.
On April 5, 2020, the city clerk received another email from Ms. Latta. This email directed the city clerk to order records from the banks and require that the banks release the records directly to Ms. Latta. Again, this is not a public record request. Later that day, Ms. Latta sent an email stating her directive concerning the bank records was “legal and lawful” and that she would be notifying various law enforcement and government auditors of the clerk’s actions.
The information provided by the City does not show evidence of a violation of Iowa Code chapter 22. No other evidence was provided by Ms. Latta.
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:0038 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 May 21, 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 May, 2020, to:
Stephanie Latta
City of Emerson