Date:
10/21/2021
Subject:
Larry Robinson/City of Marathon - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Larry Robinson, Complainant And Concerning: City of Marathon, Respondent |
Case Number: 21FC:0074 Revised Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Revised Dismissal Order:
On August 9, 2021, Larry Robinson filed formal complaint 21FC:0074, alleging that the City of Marathon (City) violated Iowa Code chapter 22.
Mr. Robinson alleged that on July 29, 2021, he visited the City Hall “to review city ordinances, time cards, and other public documents as a member of the Marathon City Council performing my elected duties to keep updated on various items.” He alleged that the clerk would not unlock the door and instead directed him to the business window.
He further alleged that the City clerk would not allow him access into the office and stated she “was uncomfortable letting me into city hall as an excuse.” Mr. Robinson reported that he was told to set up an appointment so that she could have another person present.
The City attorney responded to Mr. Robinson’s complaint on August 11, 2021. He stated that Mr. Robinson’s attorney had been in contact with the City attorney concerning his alleged failure to pay a utility bill. On July 16, 2021, Mr. Robinson’s attorney stated that Mr. Robinson would be requesting copies of three years of all customer utility billings.
Mr. Robinson did visit city hall on July 20, 2021, to request those records. At that time, the city clerk informed him that the city attorney would be retrieving and reviewing the records prior to the release.
The city attorney stated that Iowa Code section 388.9A exempts these records from release as a Chapter 22 public record. He informed Mr. Robinson’s attorney of this on July 28, 2021. The next day, Mr. Robinson then approached the city clerk and requested to see the utility billings “as a councilman.” When the city clerk denied him immediate entry into her office, he left.1
Iowa Code section 388.9A states:
Notwithstanding section 22.2, subsection 1, public records of a city utility or combined utility system, or a city enterprise or combined city enterprise as defined in section 384.80, which shall not be examined or copied as of right, include private customer information. Except as required pursuant to chapter 476, “private customer information” includes information identifying a specific customer and any record of a customer account, including internet-based customer account information.
A public records request for utility records is modified by Iowa Code section 388.9A, notwithstanding the language of Iowa Code chapter 22 governing public records. This issue was addressed by the IPIB in an advisory opinion, 13FO:0003:
We believe that section 388.9A does, however, hold in abeyance application of the provisions of chapter 22 to private customer records which would otherwise be subject to inspection and copying.
Iowa Code section 22.3(1) also allows a government body to establish reasonable rules to govern the review and release of records: “The lawful custodian may adopt and enforce reasonable rules regarding the examination and copying of the records and the protection of the records against damage or disorganization.” Requesting that Mr. Robinson make an appointment when another person is present to supervise his inspection of public records is not unreasonable.
Whether Mr. Robinson has separate rights to view utility records and to demand access to the clerk’s office due to his position as a City councilman are not issues governed by Iowa Code chapter 22. The IPIB has authority to interpret and enforce Iowa Code chapters 21 and 22.2
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:0074 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 September 16, 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. Legal counsel included an addendum stating that Mr. Robinson again tried to gain access to the city clerk’s office on August 11, 2021, and was again asked to set an appointment to review city records as a city councilman.
2. See Iowa Code section 23.1.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2021, to:
Larry Robinson
Neven Conrad, attorney for the City of Marathon