Date:
09/16/2021
Subject:
Bill Olney/City of Marathon - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Bill Olney, Complainant And Concerning: City of Marathon, Respondent |
Case Number: 21FC:0076 Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On August 10, 2021, Bill Olney filed formal complaint 21FC:0076, alleging that the City of Marathon (City) violated Iowa Code chapter 22.
Mr. Olney alleged that earlier on August 10, 2021, he requested to inspect and receive copies of specific documents.
Legal counsel for the City submitted a response to Mr. Olney’s complaint on August 16, 2021. In his response, he stated that Mr. Olney has submitted two previous record requests earlier this year that are ready for him to pay for and pick up, one submitted three or four months ago and one from July 2021. His most recent record request is for the previously requested documents that are ready for him. There has been no denial of public records to Mr. Olney.
Following receipt of the response from the City, Mr. Olney stated that he was not notified that the records were ready to pick up as he does not have a cell phone for the City to call. He added that one of the records requests was from his sister, not from him. He added that he should not have to pay for the flash drive as that policy was enacted after his record request.
Iowa Code section 22.3 allows a governmental body to charge reasonable fees for the retrieval, review, and release of public records:
1. The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian’s authorized designee. 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. Fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of expenses to be incurred in fulfilling the request and such estimated expenses shall be communicated to the requester upon receipt of the request. 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. The lawful custodian shall provide a suitable place for the examination and copying of the records, but if it is impracticable to do the examination and copying of the records in the office of the lawful custodian, the person desiring to examine or copy shall pay any necessary expenses of providing a place for the examination and copying.
2. All expenses of the examination and copying shall be paid by the person desiring to examine or copy. The lawful custodian may charge a reasonable fee for the services of the lawful custodian or the custodian’s authorized designee in supervising the examination and copying of the records. If copy equipment is available at the office of the lawful custodian of any public records, the lawful custodian shall provide any person a reasonable number of copies of any public record in the custody of the office upon the payment of a fee. The fee for the copying service as determined by the lawful custodian shall not exceed the actual cost of providing the service. Actual costs shall include only those expenses directly attributable to supervising the examination of and making and providing copies of public records. Actual costs shall not include charges for ordinary expenses or costs such as employment benefits, depreciation, maintenance, electricity, or insurance associated with the administration of the office of the lawful custodian. However, a county recorder shall not charge a fee for the examination and copying of public records necessary to complete and file claims for benefits with the Iowa department of veterans affairs or the United States department of veterans affairs.
Mr. Olney’s records are available and ready for him. The records have not been withheld. He filed this complaint on the same day as his most recent record request was submitted. There has not been an inappropriate delay in the release of the requested records.
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 complaints 21FC:0076 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2021, to:
Bill Olney
Neven Conrad, attorney for the City of Marathon