20FC:0098 Jane Osborn/City of Vinton - Dismissal Order

Date:
12/17/2020

Subject:
Jane Osborn/City of Vinton - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On September 25, 2020, Jane Osborn filed formal complaint 20FC:0098, alleging that the City of Vinton (City) violated Iowa Code chapter 22.

Ms. Osborn alleged that she submitted a public records request on September 10, 2020, requesting a number of various documents concerning city benefits, financials, ordinances, and abatement records for her property.  She received a response from the City on September 10, 2020, along with some of the requested records.

On October 6, 2020, the city attorney responded to the complaint and indicated that five of the record requests had been fulfilled.  In the response to the complaint, the attorney provided the name of the salvage company where the metal was sold and indicated that there was no receipt for that sale.  All charges associated with the abatement of the property were provided to the district court and Ms. Osborn at a court hearing on May 22, 2019.  There were no additional records.

On October 7, 2020, Ms. Osborn contacted the IPIB and stated that she wants the hourly rate of the city attorney, a breakdown of benefits offered to city employees, and the percentage paid by the City.  She also wants to know how much the City charges to replace a sidewalk.  

The city attorney responded to the additional requests from Ms. Osborn on October 8, 2020, and again on November 9, 2020, and November 12, 2020.  Some records were provided directly to Ms. Osborn and others forwarded to her by IPIB staff.  All records that exist have now been provided to Ms. Osborn from her September 10, 2020, record request, as supplemented by her October 7, 2020, request.

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:0098 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 December 17, 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 December, 2020, to:

Jane Osborn

Robert Fischer, attorney for the City of Vinton