Date:
06/17/2021
Subject:
Margie Stewart/City of Cincinnati - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Margie Stewart, Complainant And Concerning: City of Cincinnati, Respondent |
Case Number: 21FC:0038
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 May 12, 2021, Margie Stewart filed formal complaint 21FC:0038, alleging that the City of Cincinnati (City) violated Iowa Code chapter 22.
Ms. Stewart alleged that on May 11, 2021, she sent an email asking for “a copy from the counsel meeting that was going to be held that evening about the cemetery ordiance [sic].” She alleged that the meeting that evening was to be taped. She stated that she told the clerk that she would “pick up a copy of the tape on Friday May 14, 2021.”
Ms. Stewart alleged that the city clerk told her that her record request had been provided to the city attorney and that she did not receive the tape recording on May 14, 2021, as she requested.
On May 17, 2021, the city attorney responded to the complaint. The city attorney noted that Ms. Stewart sent an email on May 10, 2021, at 11:59 p.m. requesting a copy of the recording from the council meeting earlier that evening. She noted that Ms. Stewart sent additional emails requesting a copy of the recording on May 11, 2021, and on May 12, 2021. In addition, Ms. Stewart also called City Hall and the city attorney on May 13, 2021, requesting the recording.
The city attorney stated that Ms. Stewart was notified on May 12, 2021, that the recording would be provided to her “as soon as possible.” An email was sent to Ms. Stewart by the City on May 13, 2021, stating that the recording would be available for her to pick up on May 19, 2021.
The public record alleged to have been denied in the complaint was copied and ready for release on May 19, 2021, eight calendar/six business days after her request. The City clerk is part-time and the City Hall is not open to the public except by appointment due to COVID-19 restrictions, as allowed by the Governor’s Proclamation.
A copy of the tape recording, as well as another record request made at the same time, were made available within a timely manner, as required by Iowa law.
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:0038 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 June 17, 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. Ms. Stewart reported that she also requested answers to her questions about cemetery maintenance which were not a request for public records.
2. When Ms. Stewart did not arrange to pick up the records on May 19, 2021, the City mayor sent an email on May 20, 2021, reminding her that the recording, as well as another record she requested, was ready for pickup. The city attorney advised the IPIB that Ms. Stewart did retrieve her records on May 20, 2021.
3. Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in conjunction with the Iowa Department of Public Health and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code § 22.4 to the extent those provisions require a lawful custodian of records to maintain office hours to receive in-person record requests, so long as the custodian has posted clear direction for making requests in writing, by telephone, or by electronic means in a prominent place that is easily accessible to the public. The City does maintain an appropriate record policy.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2021, to:
Margie Stewart
Nicole Cox, attorney for the City of Cincinnati