Date:
07/15/2021
Subject:
Karen Feddersen/City of Atalissa - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Karen Feddersen, Complainant And Concerning: City of Atalissa, Respondent |
Case Number: 21FC:0043
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
Karen Feddersen filed formal complaint 21FC:0043 on May 23, 2021, alleging that the City of Atalissa (City) violated Iowa Code chapter 22.
On April 13, 2021, Ms. Feddersen filed a request for public records. She received some, but not all of the records she requested on May 5, 2021. She filed a second record request on May 10, 2021, and was told she would need to complete a form before she could receive public records.
Ms. Feddersen was told that the city clerk was on medical leave and a city clerk from another city was assisting the City. She was told that she would need to wait until the city clerk returned from leave.
The City adopted a public records policy on May 10, 2021, that requires a record requester to use a form. Ms. Feddersen stated on June 15, 2021, that the missing records concerned records from the police department. She was told that records could not be located because the police chief resigned on June 1, 2021, and no one was available to search for records.
The City responded to the complaint, verifying the information provided by Ms. Feddersen. The City stated that due to staffing shortages, they are unable to promptly respond to these requests or address the issue of the requirement for the use of a form to request records.
Iowa Code section 22.3(1) states that the lawful custodian “shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means.” Use of a form is not required by Iowa Code chapter 22.
Iowa Code section 22.4(1) further states:
22.4 Public record requests.
The rights of persons under this chapter may be exercised under any of the following circumstances:
1. In person, at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at least thirty hours per week, such right may be exercised at any time from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday through Friday, excluding legal holidays, unless the person exercising such right and the lawful custodian agree on a different time.
2. In writing, by telephone, or by electronic means. The lawful custodian of records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information.
Since March 2020, the Governor of Iowa has issued a proclamation modifying the requirements of the Iowa Code as it pertains to the release of public records:
IN-PERSON OPEN RECORDS REQUESTS
SECTION SIXTY-THREE 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. (expires 7/25/21)
It appears that the City would benefit from IPIB assistance in meeting the requirements of Iowa Code chapter 22 when responding to record requests.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:00047 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties shall cooperate with IPIB staff to reach an appropriate informal resolution to resolve the complaint pursuant to Iowa Code section 23.9.
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 July 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
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2021, to:
Karen Feddersen
City of Atalissa