Date:
04/15/2021
Subject:
Bill Allan/Mills County Economic Development Foundation - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Bill Allan, Complainant And Concerning: Mills County Economic Development Foundation, Respondent |
Case Number: 21FC:0025
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, Bill Allan filed formal complaint 21FC:0025, alleging that the Mills County Economic Development Foundation (MCEDF) violated Iowa Code chapter 22 by failing to timely release records he requested.
On February 19, 2021, Mr. Allan asked MCEDF about the use of non-disclosure agreements with regards to a project managed by MidAmerican Energy and whether any MCEDF 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 MCEDF to include copies of emails, text messages, non-disclosure agreements, and other written communications and provided search terms for the requested records.
MCEDF responded to the complaint on March 15, 2021, noting that Mr. Allan was sent a letter on March 12, 2021, in response to his record request. This letter advised him that MCEDF was a private foundation, not a government body as defined in Iowa Code section 22.1(1). As such, it was not subject to the requirements of Iowa Code chapter 22.
Iowa Code section 22.1(1) defines a government body:
1. “Government body” means this state, or any county, city, township, school corporation, political subdivision, tax-supported district, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D; the governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized; or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of this chapter.
MCEDF does not meet the definition of government body. Therefore, it is not required to release its records as public records. There is no violation of Iowa Code chapter 22.
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:0025 is dismissed as legally insufficient and without merit 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2021, to:
Bill Allan
Matthew Woods, attorney for Mills County Economic Development Foundation