Date:
04/15/2021
Subject:
Rachel Bruns//Iowa Department of Public Health - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Rachel Bruns, Complainant And Concerning: Iowa Department of Public Health, Respondent |
Case Number: 21FC:0016
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
On March 5, 2021, Rachel Bruns filed formal complaint 21FC:0016, alleging that the Iowa Department of Health (IDPH) violated Iowa Code chapter 22.
Ms. Bruns alleged that she filed a request for records on December 15, 2020. When she did not hear from the IDPH concerning this request, she sent a follow-up inquiry on February 9, 2021. She added that she had not received any response or the records from IDPH.
The complaint was forwarded to the IDPH on March 6, 2021. On April 8, 2021, legal counsel for the IDPH replied to the complaint, noting that the records requested are considered confidential pursuant to Iowa Code section 135.11(26) and Iowa Code section 144.43. (See Attachment 1 for these statutes.)
Ms. Bruns was not informed that these records are confidential until April 8, 2021, when the response from legal counsel was forwarded to her by the IPIB, almost four months after her initial record request.
Iowa Code chapter 22 does not provide specific deadlines for the release of public records. The Iowa Supreme Court has stated:
“Under this interpretation, practical considerations can enter into the time required for responding to an open records request, including ‘the size or nature of the request.’ But the records must be provided promptly, unless the size or nature of the request makes that infeasible”. Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444, 461 (Iowa 2013).
Iowa Code section 22.10(4) offers this guidance:
4. Good-faith, reasonable delay by a lawful custodian in permitting the examination and copying of a government record is not a violation of this chapter if the purpose of the delay is any of the following:
a. To seek an injunction under this section.
b. To determine whether the lawful custodian is entitled to seek such an injunction or should seek such an injunction.
c. To determine whether the government record in question is a public record, or confidential record.
d. To determine whether a confidential record should be available for inspection and copying to the person requesting the right to do so. A reasonable delay for this purpose shall not exceed twenty calendar days and ordinarily should not exceed ten business days.
In this complaint, the delay in the response to the record request is almost four months. This delay appears to exceed the code and case law requirements, particularly in light of the delay of two months in the Kauffman/IDPH complaint, 21FC:0017.
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 meets those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0016 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties shall cooperate with IPIB staff to reach an informal resolution as provided in Iowa Code section 23.9.
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 15 2021. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2021, to:
Rachel Bruns
Iowa Department of Public Health, Heather Adams, AAG, legal counsel