21FC:0066 Harold Ault/Iowa State Fair - Dismissal Order

Date:
10/21/2021

Subject:
Harold Ault/Iowa State Fair - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On July 29, 2021, Harold Ault filed formal complaint 21FC:0066, alleging that the Iowa State Fair (Fair) violated Iowa Code chapter 22.

Mr. Ault alleged that he called the Fair on June 2, 2021, to request a copy of the Iowa Horse Fair ticket sales.  He was told that it was not certain these records could be released.  He made a second request on July 15, 2021, and was told the records were private.  

In response to this complaint, legal counsel for the Fair said the records were compiled and sent to Mr. Ault on August 9, 2021.  Mr. Ault does not have access to the internet, so all communication must be completed by mail or telephone.

On August 30, 2021, Mr. Ault told IPIB staff that he had received the records, but that he wanted a more thorough breakdown of the information.  When legal counsel for the Fair was notified of his request, additional records were sent on September 2, 2021.

Mr. Ault acknowledged receipt of the records, but expressed concerns that the Fair did not release the records until after the complaint was filed.

Legal counsel for the Fair acknowledged the delay and said the Fair will respond faster with record requests.  Once legal counsel was made aware of the complaint, the records were released promptly.  The additional record request was fulfilled in three days.

It is important that Fair staff answering telephones are aware of the requirements of Iowa Code chapter 22 and respond promptly and accurately to record requests.  The Fair should take steps to train staff of these requirements.  

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.

IT IS SO ORDERED:  Formal complaint 21FC:0066 is dismissed as harmless error 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 October 21, 2021.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

________________________________

Margaret E. Johnson, J.D.

CERTIFICATE OF MAILING

This document was sent on the ___ day of October, 2021, to:

Harold Ault (U.S. mail)
Eric Dirth, assistant Attorney General (electronic mail)