21FC:0016 Rachel Bruns//Iowa Department of Public Health - Informal Resolution Report & Order

Topics:

Formal Complaints

Date:
07/15/2021

Subject:
Rachel Bruns//Iowa Department of Public Health - Informal Resolution Report & Order

Opinion:

                                The Iowa Public Information Board

In re the Matter of:

Rachel Bruns, Complainant

And Concerning:

Iowa Department of Public Health, Respondent

 

              Case Number: 21FC:0016

                

              Informal Resolution Order

      

THIS MATTER comes before the Iowa Public Information Board (IPIB) this 15th day of July, 2021, to consider the acceptance of an Informal Resolution.

The IPIB accepted formal complaint 21FC:0016 against the Iowa Department of Public Health on April 15, 2021. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an Informal Resolution.

The IPIB has reviewed the Informal Resolution and hereby approves it pursuant to Iowa Administrative Code rule 497-2.4(3). The IPIB Chair is directed to sign the Informal Resolution on behalf of the IPIB.

The parties have 60 days to complete the terms from today’s date. The deadline for completion is September 13, 2021. Upon showing proof of completion, the IPIB shall dismiss the complaint.

SO ORDERED this 15th day of July, 2021.

________________________________

IPIB Chair

 

CERTIFICATE OF MAILING

 

This document was sent by electronic mail on this _____ day of July, 2021, to:

Rachel Bruns, Complainant
Heather Adams, Counsel for IDPH

 

Before the Iowa Public Information Board

In re the Matter of:

Rachel Bruns, Complainant

And Concerning:

Iowa Department of Public Health, Respondent

 

Case Number: 21FC:0016

 

Informal Resolution Report

 

COMES NOW Zachary S. Goodrich, Legal Counsel for the Iowa Public Information Board (IPIB), and submits the following report recommending approval of an informal resolution.  

 

On March 5, 2021, Rachel Bruns (Complainant) filed formal complaint 21FC:0016 alleging that the Iowa Department of Public Health (IDPH) violated Iowa Code chapter 22.

 

Complainant alleged that IDPH failed to respond in a timely manner to a records request. The records request was submitted on December 15, 2020. Complainant sent a follow up message on February 9, 2021. At the time the complaint was filed, no response had been provided by IDPH.

 

On April 15, 2021, the IPIB voted to accept the complaint pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).

 

On June 3, 2021, the IDPH provided the responsive records to Ms. Bruns.

 

Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution.

 

The parties agreed to the following terms:

 

  1. IDPH acknowledges record requests for aggregated data related to maternal health matters including, but not limited to births, cesareans, and VBACs, are generally valid Iowa Code Chapter 22 requests. 
  2. Ms. Bruns acknowledges that certain requests for aggregated data may require redaction if the raw data violates IDPH’s policy on release of small numbers, and that certain requests for aggregated data may be declined if data is not maintained in the format requested. 
  3.  IDPH acknowledges that record requests must be responded to pursuant to Iowa Code chapter 22.
  4. IDPH will develop a revised policy/procedure for how to process record requests in compliance with Iowa Code chapter 22. The revised policy/procedure will then be provided to the IPIB for approval.
  5. Upon IPIB approval of the revised IDPH policy/procedure, the complaint shall be dismissed as successfully resolved.

 

 

Complainant approved the informal resolution on June 24, 2021. Respondent approved the informal resolution on June 25, 2021.

 

The terms of this informal resolution will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss the complaint as successfully resolved.

 

It is recommended that the IPIB approve the informal resolution, direct the Chair to sign the resolution on behalf of the IPIB, and continue this matter until the terms of the resolution have been completed.

 

 

 

Respectfully submitted this 15th day of July, 2021,

 

 

________________________________

Zachary S. Goodrich

Legal Counsel

 

 

CERTIFICATE OF MAILING

           

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

 

Rachel Bruns

Heather Adams, counsel for IDPH