21FC:0108 Tad McDowell/Mills County Assessor - Dismissal Order

Date:
12/16/2021

Subject:
Tad McDowell/Mills County Assessor - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On November 23, 2021, Tad McDowell filed formal complaint 21FC:0108, alleging that the Mills County Assessor (Assessor) violated Iowa Code chapter 22.

Mr. McDowell alleged that on August 16, 2021, he submitted a records request to the Assessor requesting records, invoices, and documentation concerning fees paid by the Assessor to its legal counsel.

On August 17, 2021, legal counsel filed a motion for sanctions in the district court case filed by Mr. McDowell against the Assessor (Mills County District Court case EQCV027232).  Within that motion was a denial of the records request, citing attorney-client privilege.  Mr. McDowell acknowledged this denial in a response he filed on August 17, 2021.1

Legal counsel for the Assessor responded to this complaint on November 23, 2021, noting that the record request was denied on August 17, 2021, more than 60 days prior to the filing of this complaint.  He argued that Iowa Code section 23.7(1) sets jurisdiction before the IPIB at 60 days, and this complaint was filed more than 90 days after the record request was denied.

Iowa Code section 23.7(1) states in part:

The complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence. All complaints filed with the board shall be public records.

More than 60 days have elapsed since the record request was denied by legal counsel for the Assessor and acknowledged by Mr. McDowell.  The IPIB does not have jurisdiction.

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:0108 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 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

________________________________

Margaret E. Johnson, J.D.

1. During the discussions for informal resolution on formal complaint 21FC:0059, Mr. McDowell was informed that this record request was separate from the allegations he made in the previous formal complaint.  Based upon those conversations, Mr. McDowell filed this formal complaint.  Mr. McDowell filed a subsequent record request for fees paid on November 23, 2021.
 

CERTIFICATE OF MAILING

This document was sent on the ___ day of December, 2021, to:

Tad McDowell

Brett Ryan, legal counsel for the Mills County Assessor