Date:
12/16/2021
Subject:
Tad McDowell/Mills County Assessor - Final Report & Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Tad McDowell, Complainant And Concerning: Mills County Assessor, Respondent |
Case Number: 21FC:0059
Dismissal Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance with the terms of the Informal Resolution.
The IPIB finds that the terms of the Informal Resolution have been completed.
IT IS THEREFORE ORDERED that pursuant to the terms of the Informal Resolution this complaint is dismissed as successfully resolved.
SO ORDERED this 16th day of December, 2021.
________________________________
IPIB Chair
Before the Iowa Public Information Board
|
In re the Matter of: Tad McDowell, Complainant And Concerning: Mills County Assessor, Respondent |
Case Number: 21FC:0059
Informal Resolution Report |
COMES NOW Zachary S. Goodrich, Legal Counsel for the Iowa Public Information Board (IPIB), and submits the following report recommending approval of an informal resolution.
On June 30, 2021, Tad McDowell (Complainant) filed formal complaint 21FC:0059 alleging the Mills County Assessor (Assessor) violated Iowa Code chapter 22.
Complainant alleged that on June 1, 2021, and again on June 10, 2021, he requested public records from the Assessor. The records requested included copies of Iowa Form 57-011 from all 2020 “normal sales” and letters from the Board of Review to all people who had property assessments adjusted in 2021.
Complainant further alleged that on June 10, 2021, he requested copies of property record cards for his property and for four other Glenwood, Iowa, properties and official contact information for the Mills County Board of Review.
On August 19, 2021, the IPIB accepted the complaint pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).
In addition to 21FC:0059, the parties were engaged in a case filed in the Iowa District Court for Mills County. Following adjudication in Complainant’s appeal against the Assessor, the Court clarified which records are subject to the discovery process outlined in the Iowa Rules of Civil Procedure and which records may be requested and released pursuant to Iowa Code chapter 22.
The records at issue in 21FC:0059 are not subject to discovery in the Complainant’s appeal and may be obtained through a public records request.
Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution.
The parties agreed to the following terms:
- Within 10 days of the court order clarifying which records are subject to discovery and which records may be released through the public records request process, the Assessor will release (in compliance with Iowa Code chapter 22) the requested public records at issue in 21FC:0059.
- Following release of the records, the complaint will be dismissed as having been successfully resolved through an informal resolution.
The terms of the Informal Resolution have been successfully completed. The Assessor provided proof of compliance on November 17, 2021.
It is recommended that the IPIB approve the informal resolution, direct the Chair to sign the resolution on behalf of the IPIB, and dismiss this complaint as successfully resolved through an informal resolution.
Respectfully submitted this 16th day of December, 2021.
________________________________
Zachary S. Goodrich
Legal Counsel
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of December, 2021, to:
Tad McDowell, Complainant
Brett Ryan, Counsel for Mills County Assessor