Date:
12/16/2021
Subject:
Joni Piper/City of Carter Lake - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Joni Piper, Complainant And Concerning: City of Carter Lake, Respondent |
Case Number: 21FC:0092 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 17, 2021, Joni Piper filed formal complaint 21FC:0092, alleging that the City of Carter Lake (City) violated Iowa Code chapter 22.
Ms. Piper alleged that on July 13, 2021, she requested “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 interest purchasers or developers, including potential shareholders of any such development.” Her request covered the time period of February 1, 2021, to the date of record release.
Ms. Piper added that this included the personal email accounts of the mayor and city council. She alleged that there had been no response from the City, and asked that the IPIB help her “gain compliance and issue a reprimand, if applicable.”
The complaint included a copy of the record request dated July 13, 2021. In the letter she referenced a record request filed by her husband on June 3, 2021, and that her request “mimics” what he requested. She categorized the response received to the previous request as “ignorant and incomplete.”
Legal counsel for the City responded to the complaint. In the response, legal counsel stated that fulfillment of her request “was not timely provided,” but that the records were provided to her by the city attorney following the September 20, 2021, city council meeting. Legal counsel provided a timeline for both record requests (See Attachment A).
Some records requested, such as “side letters” do not exist, according to legal counsel.
On October 27, 2021, IPIB asked Ms. Piper to acknowledge fulfillment of her record request. She was also asked if she filed her complaint based upon the June 3, 2021, record request her husband filed. Staff also asked for copies of the response her husband received on June 21, 2021, and copies of her correspondence with the City from June 3, 2021, to September 17, 2021.
Ms. Piper was unable to provide any additional information until November 27, 2021. She provided a copy of the record request response received by her husband on June 21, 2021, which included copies of email correspondence.
She also answered the questions sent on October 27, 2021. She provided copies of correspondence that included 30 pages of documents she received on July 14, 2021. She does not believe she received everything she requested when additional records were produced on September 20, 2021. She alleged that some council members released emails, while others did not, although there should have been duplication if the other council members had released emails.
Ms. Piper also stated that she received the leases on July 14, 2021. She included copies of emails she exchanged with the city attorney dated August 16, August 20, and September 17, 2021. It is apparent from the emails provided that there was communication between Ms. Piper and the city attorney concerning her record release and efforts being made to fulfill her request.
To the extent that Ms. Piper filed this complaint based upon the record received by her husband on June 21, 2021, that portion of her complaint is barred by the statutory jurisdictional limitations of Iowa Code section 23.7(1) as more than 60 days passed between June 21, 2021, and the complaint filing date of September 17, 2021.
Even though legal counsel states that some records were not timely provided, Iowa Code chapter 22 does not set a specific time limit for the release of public records. Iowa Code section 22.8(4)(d) sets a deadline of 10 business/20 calendar days for the legal custodian to determine whether a confidential record should be available for inspection and copying.
In 2013, the Iowa Supreme Court provided this guidance concerning the timeliness of fulfillment of a record request:
Based on our review of section 22.8(4)(d), we believe it is not intended to impose an absolute twenty-day deadline on a government entity to find and produce requested public records, no matter how voluminous the request. Rather, it imposes an outside deadline for the government entity to determine ‘whether a confidential record should be available for inspection and copying to the person requesting the right to do so.’ We do not think we should extrapolate section 22.8(4)(d)’s twenty-day deadline to other contexts, when the legislature chose not even to include that deadline in other portions of section 22.8(4).” Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444, 461 (Iowa 2013).
It should also be noted that the IPIB accepted a formal complaint concerning the City of Carter Lake on November 18, 2021 (formal complaint 21FC:0090, filed by Robert Zagozda and concerning allegations of violations of both Iowa Code chapters 21 and 22). As part of the informal resolution of that complaint, the City will be engaged in training and implementing improved compliance with open meetings and public records laws.
Iowa Code chapter 22 does not address record retention. Because council members utilized personal email devices and accounts, it is likely that not every council member retained a copy of their emails.
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:0092 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 December 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, J.D.
CERTIFICATE OF MAILING
This document was sent on the ___ day of December, 2021, to:
Joni Piper
Michael O'Bradovich, city attorney