Date:
04/15/2021
Subject:
Clark Kauffman/Iowa Department of Public Health - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Clark Kauffman, Complainant And Concerning: Iowa Department of Public Health, Respondent |
Case Number: 21FC:0023 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On March 15, 2021, Clark Kauffman filed formal complaint 21FC:0023 against the Iowa Department of Public Health (IDPH) alleging a violation of Iowa Code chapter 22. He alleged that IDPH refused to provide access to certain public records he requested on January 27 and 28, 2021.
In his complaint, Mr. Kauffman alleged that he requested all public records concerning vaccine refusal rates in each of the state’s privately run nursing homes on January 27, 2021. On that same date, a spokesperson for IDPH referred him to a link on the website for the Iowa Department of Human Services (DHS). This link only provided data concerning public facilities.
On January 27, 2021, Mr. Kauffman then sent an email which stated: “Please clarify. Are you saying the department has the information but won’t disclose it?” On January 28, 2021, the IDPH spokesperson responded: “I’m saying that it’s not a report that currently exists. I can work with our team to pull something together.”
Mr. Kauffman alleged that IDPH did not provide the requested information by the filing of this complaint. He alleged that IDPH had the record and intentionally withheld it.
In support of this allegation, Mr. Kauffman referenced a statement made by Governor Reynolds during a press conference on March 17, 2021. During that press conference, the Governor reported that over 90% of residents and 60% of staff in private facilities chose to be vaccinated. His efforts to track down the source of that information at the Governor’s Office proved unsuccessful.
Legal counsel for IDPH responded to this complaint on March 18, 2021, stating that IDPH does not collect the information requested by Mr. Kauffman. IDPH does not possess records responsive to his record request.
Iowa Code section 22.1(2) defines public records as “all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state….” When information is not collected by a state agency, there is no public record as defined by this code section.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0023 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 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
________________________________
Margaret E. Johnson, J.D.
1. Mr. Kauffman wrote: “For all of these reasons, I simply don’t accept this latest self-contradicting claim that they don’t have the information requested. It’s not credible, given the nature of each of the above responses to my requests, given the nature of the governor’s own irrefutable public statements on the matter, and given the inability – or, more likely, the unwillingness – of the governor’s staff to say where the publicly announced vaccine-acceptance information came from.” The IPIB does not have jurisdiction to pursue allegations of chapter 22 violations against the Governor’s office (See Iowa Code section 23.12).
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2021, to:
Clark Kauffman
Iowa Department of Public Health, legal counsel Heather Adams