Date:
02/17/2022
Subject:
Doug Weir/City of Ruthven - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Doug Weir, Complainant And Concerning: City of Ruthven, Respondent |
Case Number: 21FC:0118 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 13, 2021, Doug Weir filed formal complaint 21FC:0118, alleging that the City of Ruthven (City) violated Iowa Code chapter 22.
Mr. Weir alleged that he made a record request on November 3, 2021, to the City. His request asked for information regarding the former clerk. His request included both questions he wanted answered as well as requests for a copy of the clerk’s resignation letter and documentation of expenditures made to the clerk after her resignation.
On November 29, 2021, the city attorney provided a response to Mr. Weir, along with a copy of the minutes of the council meeting that he considered responsive to the record request and the questions posed.
Once advised that Mr. Weir did not find the November response to satisfy his record request, the City provided additional records to him, and the city attorney verified on January 5, 2022, that the record request was satisfied.
IPIB staff reviewed the records provided by the City to Mr. Weir. The records released are the records requested in November 2021. Mr. Weir has not expressed any dispute with the records he received.
The city attorney explained there was a slight delay in the second record release due to the city clerk being on leave and the attorney having a medical issue that interrupted his schedule.
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. Since the records have been released, this complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0118 is dismissed as harmless error 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 February 17, 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, J.D.
CERTIFICATE OF MAILING
This document was sent on the ___ day of February, 2022, to:
Doug Weir
David Stein, legal counsel for the City of Ruthven