Date:
01/20/2022
Subject:
Chad Brewbaker/City of Waukee - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Chad Brewbaker, Complainant And Concerning: City of Waukee, Respondent |
Case Number: 21FC:0115
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:0115, alleging that the City of Waukee violated Iowa Code chapter 22 on December 7, 2021 (see Attachment A).
On December 8, 2021, Mr. Brewbaker was asked to provide “a copy of your public records request and a copy of any response that you received.” Mr. Brewbaker did not provide this information.
The City was notified of the filing of this complaint on December 8, 2021. On that same date, the City attorney responded that the City has no record of any record request submitted by Mr. Brewbaker on December 7, 2021, and requested additional details.
Counsel added that Mr. Brewbaker was present at a city council meeting on that date and made a statement during an open forum around the time noted in the complaint, but a record request was not made. This email was forwarded to Mr. Brewbaker on December 8, 2021.
In response to the email from legal counsel, Mr. Brewbaker filed a short reply on December 8, 2021: “Hiring a lawyer doesn’t exempt a municipality from Chapter 22.”
On December 13, 2021, IPIB staff again requested that Mr. Brewbaker provide additional information in support of his complaint, advising that this information was necessary “in order to proceed with your complaint.” No additional information was provided.
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:0115 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
Steve Brick, legal counsel for the City of Waukee