Date:
01/20/2022
Subject:
Chad Brewbaker/Broadlawns Medical Center - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Chad Brewbaker, Complainant And Concerning: Broadlawns Medical Center, Respondent |
Case Number: 21FC:0114
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 December 7, 2021, Chad Brewbaker filed formal complaint 21FC:0114, alleging that the Broadlawns Medical Center (BMC) violated Iowa Code chapter 22.
Mr. Brewbaker stated that BMC violated Iowa Code chapter 22 by refusing to provide information. He was not able to provide details on when he requested answers to his questions or if he had received any response.
On December 13, 2021, legal counsel for BMC responded to the complaint by providing a copy of a letter sent to Mr. Brewbaker that answered the questions he posed. The letter also indicated that Mr. Brewbaker requested this information by voicemail on December 7, 2021. (Attachment A)
Iowa law concerning public records is codified in Iowa Code chapter 22. Records are defined as:
3. a. “Public records” includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D, or tax-supported district in this state, or any branch, department, board, bureau, commission, council, or committee of any of the foregoing.
Requesting answers to questions is not considered a public records request unless the questions include a request for an identifiable public record as defined by Iowa Code.
BMC provided the answers to Mr. Brewbaker’s questions in four business/six calendar days. Even if the request had been for identifiable records, there was no unreasonable delay by BMC.
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:0114 is dismissed as without merit 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:
Chad Brewbaker
Broadlawns Medical Center, Joseph Moser, legal counsel