Date:
09/16/2021
Subject:
Karen Feddersen/City of Atalissa - Informal Resolution Report & 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
Informal Resolution Order
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This matter comes before the Iowa Public Information Board (IPIB) this 16th day of September, 2021, to consider the Acceptance of an Informal Resolution.
The IPIB accepted the complaint against the City of Atalissa on July 15, 2021. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution.
The Board has reviewed the informal resolution and approves it pursuant to Iowa Administrative Rule 497-2.4(3). The IPIB chair is directed to sign the Informal Resolution on behalf of the IPIB.
The parties have 60 days to complete the proposed terms from todayβs date. If the terms of the Informal Resolution are completed, the IPIB will dismiss the complaint.
_______________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2021, to:
Karen Feddersen
Julie Sprague, city attorney
Before 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
Informal Resolution Report
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this Informal Resolution Report:
On May 23, 2021, Karen Feddersen filed formal complaint 21FC:0043, alleging that the City of Atalissa violated Iowa Code chapter 22.
The IPIB accepted the complaint on July 15, 2021, and directed IPIB staff to assist the parties in adopting an informal resolution. The parties have approved an informal resolution as described in the attached report by Brett Toresdahl, IPIB deputy director.
The terms of the informal resolution are to be completed within 60 days of acceptance by all parties. Upon providing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
It is recommended that the IPIB approve the proposed informal resolution, direct the IPIB chair to sign the informal resolution, and set the matter for compliance review in accordance with the terms of the informal resolution.
Respectfully submitted,
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2021, to:
Karen Feddersen
Julie Sprague, City Attorney
Karen Feddersen, Complainant
And
City of Atalissa, Respondent
Case Number: 21FC:0043
Informal Resolution Report
On May 23, 2021, 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 βshall 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.β 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 Β§ 29C.6(6) and Iowa Code Β§ 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 Β§ 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.
The Iowa Public Information Board (IPIB) accepted the formal complaint on July 15, 2021, as to the violation of Iowa Code section 22 and specifically the delay producing the requested records and the required use of a form.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
- The Council shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
- The Council will work with the city attorney to revise the public records policy that was adopted on May 10, 2021 to bring it into compliance with Iowa Code chapter 22. The policy should make provisions for fulfilling records request in the event of staff vacancies as well as establishing actual and reasonable fees to be charged for record requests. A copy of the revised policy will be provided to the IPIB.
- The City of Atalissa shall provide Ms. Feddersen with copies of public records which it has in its possession that include records requested as part of this complaint as well as records requested through June 15, 2021. These records shall be released in accordance with Iowa Code chapter 22. If a record is deemed to be confidential or the city does not possess a record reflective of the request, that record shall not be provided and the reason communicated to Ms. Feddersen. In addition, the city is not required to create a public record that would answer questions or provide information to Ms. Feddersen if it does not already exist. The following is a list of public record requests that Ms. Feddersen has not received:
- May 8, 2021
(a) Any record which provides the date of the docking station update for the squad car which happened in March 2021.
(b) Any receipts or notes associated with this docking station required maintenance item. - May 17, 2021
- Any record that includes a list of police department uniforms that are issued to employees (past and present) and also a list of uniforms in city possession.
- Any record that includes a list of equipment issued to police department employees.
- May 28, 2021
- Any record of the serial number for the lap top in the Atalissa Police Department squad car.
- June 12, 2021
- A copy of the video and audio camera recordings at city hall for the dates of 6/9/21 & 6/10/21.
- A copy of video on the camera SD card (requested 7/6/21) which should include the 6/9/21 & 6/10/21 recordings.
- June 12, 2021
- Any record that includes the names of individuals who have access to view and download the video and audio recordings from the cameras at city hall.
- A copy of the receipts for the purchase of cameras at city hall.
- June 15, 2021
- Any record that includes a list of items (such as keys, badge, pants, shirt, etc.) that were issued to Matt Shook by the city and the date items were returned.
The terms of this informal resolution will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
The City of Atalissa approved the informal resolution on September 13, 2021.
Ms. Feddersen approved the informal resolution on July 28, 2021.
The IPIB Deputy Director recommends that the IPIB approve the informal resolution and authorize the IPIB Chair to sign the informal resolution on behalf of the IPIB.
By the IPIB Deputy Director
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Brett J. Toresdahl