Date:
01/20/2022
Subject:
Jeremy McGrath/Chickasaw County Ambulance Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jeremy McGrath, Complainant And Concerning: Chickasaw County Ambulance Council Respondent |
Case Number: 21FC:0103
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 November 4, 2021, Jeremy McGrath filed formal complaint 21FC:0103, alleging that the Chickasaw County Ambulance Council (Council) violated Iowa Code chapters 21 and 22.
Mr. McGrath alleged that he made a public record request for a copy of a draft request for proposals (RFP) on August 3, 2021, and such request was denied on that date. He also alleged that he made another request on August 31, 2021 for the RFP or for emails and/or documents concerning the RFP draft. He alleged this constitutes a violation of Iowa Code chapter 22.
He also alleged that three of the nine total members of the Council had engaged in discussion by email concerning the drafting of the RFP at some unknown date, in violation of Iowa Code chapter 21.
Legal counsel for the Council responded to the complaint on November 19, 2021. Counsel stated that there was no violation of open meetings laws because three members of a nine-member Council is not a majority and would not meet the definition of a meeting pursuant to Iowa Code section 21.2(2).
As to the public records request, legal counsel stated that the draft RFP would be confidential pursuant to Iowa Code section 22.7(65). He added that the only email sent to all Council members was a copy of the draft RFP which is again confidential pursuant to Iowa Code section 22.7(65). Any responses to that email would not have been sent to all members of the Council.
The RFP was approved on October 6, 2021, and made public thereafter.
The Council also expressed concern that releasing a copy of a draft RFP to the complainant prior to the general release of the RFP would give the complainant an unfair advantage in the bidding process. Mr. McGrath responded that by making drafts publicly available, all potential bidders would have the same information and no one would have an unfair advantage.
Iowa Code section 23.7 requires that a complaint be filed “within sixty days from the time the alleged violation occurred”. More than 60 days elapsed between the denial of the request for the release of the RFP on August 3, 2021, and the filing of this complaint on November 4, 2021. Resubmitting additional record requests for the same document cannot be used to avoid this jurisdictional requirement.
The IPIB, therefore, does not have jurisdiction to determine whether Iowa Code section 22.7(65) was properly applied.
Open meetings laws were not violated by the three members of the Council who drafted the RFP as three members does not constitute a majority of the Council as required by Iowa Code section 21.2(2) definition of a meeting.
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:0121 is dismissed as 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 January 20, 2022. 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 January, 2022, to:
Jeremy McGrath
Christopher O’Donohoe, legal counsel for the Chickasaw County Ambulance Council