Date:
04/15/2021
Subject:
Bill Allan/Mills County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Bill Allan, Complainant And Concerning: Mills County Board of Supervisors, Respondent |
Case Number: 21FC:0024
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On March 15, 2021, Bill Allan filed formal complaint 21FC:0024, alleging that the Mills County Board of Supervisors (Board) violated Iowa Code chapter 22 by failing to timely release records he requested.
On February 19, 2021, Mr. Allan asked the Board about the use of non-disclosure agreements with regards to a project managed by MidAmerican Energy and whether any Board members had signed such an agreement. He requested copies of “all correspondence between you and members of your staff regarding the megasite project in Mills County.” He asked the Board to include copies of emails, text messages, non-disclosure agreements, and other written communications and provided search terms for the requested records.
The Mills County Attorney, on behalf of the Board, responded to the complaint on March 15, 2021. The response noted that the Board members had no records responsive to the record request. She added that it was her understanding that any non-disclosure agreements were between MidAmerican Energy (a private company) and private landowner(s).
On March 22, 2021, the county attorney forwarded emails she had from MidAmerican Energy which stated that non-disclosure agreements were not sent from MidAmerican Energy to any Board member. It appears, however, that the Board did not separately notify Mr. Allan that the Board members did not have any responsive records.
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 21FC:0024 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
1. Mr. Allan’s record request included records from various Mills County entities and departments, including the Board, the County Attorney, and the Mills County Economic Development Foundation (MCEDF). Mr. Allan filed formal complaint 21FC:0025 concerning his record request to the Mills County Economic Development Foundation.
2. The Board indicated they thought the county attorney was responding on behalf of Mills County, including the Board of Supervisors. Had the Board responded immediately to the record request, this complaint would have been unnecessary.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2021, to:
Bill Allan
Naeda Elliott, Mills County Attorney