Date:
05/20/2021
Subject:
Deanna Triplett/City of Polk City - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Deanna Triplett, Complainant And Concerning: City of Polk City, Respondent |
Case Number: 21FC:0029
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 April 5, 2021, Deanna Triplett filed formal complaint 21FC:0029, alleging that the City of Polk City (City) violated Iowa Code chapter 22.
Ms. Triplett alleged that she requested copies of records from the City on March 26, 2021. Her request was for “all correspondence and documents in any form (including but not limited to emails, texts, instant messaging platform, etc) between the developer Jarrod Ruckle, Meghan Ruckle, city staff, Snyder and associates, city council, city attorney, city manager, email addresses using the domain @mjriowa.com, and email addresses using the domain @polkcityia.gov for all records that mentions anything to do with the development now known as Ledgestone Ridge previously know as TCI PodK, parcel 3 and any other development in Polk City that Mr. Ruckle is interested in between March 26, 2019 and March 26, 2021.”
On March 31, 2021, the City responded to the record request and provided a fee estimate of $765.00, calculated at nine hours at $35.00 per hour and 450 pages of records at $1.00 per page. Ms. Triplett alleged that the fees were excessive and beyond the amount allowed by Iowa Code chapter 22.
Legal counsel for the City responded to the complaint on April 22, 2021, stating that the City has an Open Records Policy that outlines the fees charged for responding to the public records request. Counsel noted that the City does not charge additional fees for review by the City Attorney, which will be required to determine whether any of the requested records will need redaction to withhold confidential records or attorney-client privileged material.
The City suggested that Ms. Triplett might consider narrowing her request to reduce the number of records to be provided and to reduce the cost of production. The City indicated it would await Ms. Triplett’s decision before going forward with the records request.
Following receipt of the initial response, IPIB staff inquired of the City whether the estimated fees were based upon actual expenses, particularly as to the $1.00 per page fee estimate.
On May 7, 2021, legal counsel responded that the $1.00 per page charge was based upon information from the year 2016 and would be updated. A new fee estimate was provided which deleted the per page expense of $1.00 and instead added a cost of $5.00 for a USB Drive to allow for digital copies rather than paper copies. The new estimated cost for production of the records would total $635.00. The City requires a deposit of $50.00 prior to initiating the record retrieval, with the balance due upon completion. The City continued to offer the opportunity to modify the search terms or dates to lower the cost estimate.
Iowa Code section 22.3 allows a government body to collect the estimated costs for the retrieval, review, and release of public records prior fulfilling a record request. The fee for such service “shall not exceed the actual cost of providing the service.” (Iowa Code section 22.3(2)) With the removal of the per page copying charge, the fees quoted are now based upon actual costs.
Should the estimated costs exceed the actual cost, the City will not be able to collect any fees beyond those actually incurred.
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 meet those requirements at this time.
IT IS SO ORDERED: Formal complaint 21FC:0029 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 May 20, 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
1. In her complaint, Ms. Triplett also objected to the redaction of any records due to attorney-client privilege or pursuant to Iowa Code sections 22.7(4), 22.7(60), or 22.7(65). At this time, the records have not been retrieved or reviewed, so it is premature to determine whether the City improperly redacted any protected language.
2. The amount of hours necessary to retrieve, review, and convert the records to PDF format was initially underestimated. The City estimates it may need as many as nine additional hours of staff time to retrieve and review all two years of correspondence, specifically with the vague term “any other development… that Mr. Ruckle is interested in”.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2021, to:
Deanna Triplett
Amy Beattie, legal counsel for the City of Polk City