Date:
11/18/2021
Subject:
Don Burgmaier/Iowa Department of Human Services - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Don Burgmaier, Complainant And Concerning: Iowa Department of Human Services, Respondent |
Case Number: 21FC:0102 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 October 27, 2021, Don Burgmaier filed formal complaint 21FC:0102, alleging that the Iowa Department of Human Services (DHS) violated Iowa Code chapter 22.
Mr. Burgmaier alleged that on October 7, 2021, he requested a copy of a document that he believed was given to DHS by Representative Eddie Andrews at a meeting with DHS Director Kelly Garcia in May 2021. He also requested a copy of the response sent to Representative Andrews.
He included this language in his request: “This is a renewed notice to DHS to preserve evidence.”
On October 20, 2021, he received a response from the DHS public information officer that read:
“DHS is unable to locate any records responsive to your request. If you have additional details, such as the date, setting, or how the alleged document was provided by Rep. Andrews to Dir. Garcia, we can look further into this.”
Mr. Burgmaier also alleged that on October 12, 2021, he sent a request for records to DHS. He requested copies of:
- The policy for retention and destruction of records.
- A summary of the retention periods for specific records.
- Documentation for the retention period of files after DHS is notified to preserve evidence.
On October 13, 2021, the public information officer for DHS responded to the record request, providing a copy of the record retention policy, which included the information sought with numbers 1 and 2, above. DHS responded to number 3 by noting that it had no record responsive to this request.
On November 1, 2021, DHS responded to the complaint, stating that DHS was unable to locate the requested document or determine whether the alleged meeting occurred. The record request remains open if Mr. Burgmaier can provide additional information.
In addition, DHS does not have a policy document that specifically addresses record retention when the department is notified to preserve evidence. All policies regarding record retention were provided to Mr. Burgmaier.
Mr. Burgmaier has received all DHS records responsive to his request. Should he be able to provide the additional description requested by DHS, another search can be made to locate any responsive record.
Iowa Code chapter 22 does not set forth specific requirements for the retention of records by government bodies.
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:0102 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 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:
Don Burgmaier
Alex Carfrae, public information officer for the Iowa Department of Human Services