Date:
11/18/2021
Subject:
Robert Zagozda/City of Carter Lake - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Robert Zagozda, Complainant And Concerning: City of Carter Lake, Respondent |
Case Number: 21FC:0091 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 September 16, 2021, Robert Zagozda filed formal complaint 21FC:0091, alleging that the City of Carter Lake (City) violated Iowa Code chapter 22.
Mr. Zagozda alleged that he filed a public record request on February 11, 2021, requesting records as follows:
Any and all records, including but not limited to emails, documents, minutes of meetings, letters, memos, notes of communications, side letters, etc., by or from any city official including but not limited to the mayor and city council, which references or pertains to the golf course, including its operations, owners, managers, sub-lessees (if any), and agents, and including any potential or interested purchasers or developers, including potential shareholders of any such development, and which covers the period beginning January 1, 2020, to the present. This would include a current copy of the complete and executed lease agreement with the golf course.
He stated that he received records related to the request. He further alleged that just prior to filing the complaint some council members told him they were not asked to search for records that were in their personal possession.
Legal counsel for the City responded to this complaint and to formal complaint 21FC:0090 on October 19, 2021. In response to this complaint, legal counsel stated that the requested records were provided to Mr. Zagozda in early March 2021. No concerns about the records were raised by Mr. Zagozda until September 16, 2021, with the filing of this complaint.
After receiving the complaint, legal counsel contacted the city council members to request any records each had in February 2021 that would be responsive to the record request. Four council members responded, indicating that each did not have any records responsive to the record request dated February 11, 2021.
Legal counsel added that there are no additional records responsive to Mr. Zagozda’s record request and the records released in March 2021 properly and completely fulfilled his request. Mr. Zagozda does not agree with the City’s response.
Iowa Code section 23.7(1) requires that formal complaints filed with the IPIB must be filed within 60 days of the alleged violation “or the complainant could have become aware of the violation with reasonable diligence.” More than 60 days have passed since the records were released in early March 2021. This is adequate time for Mr. Zagozda to have questioned the City as to why there were no personal emails from council members on this topic.
In addition, legal counsel contacted council members after the complaint was filed to make certain that no records were withheld.
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:0091 is dismissed as legally insufficient and beyond the jurisdiction of the IPIB 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 November 18, 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, J.D.
CERTIFICATE OF MAILING
This document was sent on the ___ day of November, 2021, to:
Robert Zagozda
Michael O’Bradovich, legal counsel for the City of Carter Lake