Date:
03/17/2022
Subject:
Brian Grassi/City of West Liberty - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Brian Grassi, Complainant And Concerning: City of West Liberty, Respondent |
Case Number: 22FC:0002
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 January 12, 2022, Brian Grassi filed formal complaint 22FC:0002, alleging that the City of West Liberty (City) violated Iowa Code chapter 22.
Mr. Grassi alleged that he filed a request for public records, and the City replied that no information would be provided “until we provide $1000 in advance.”1 He requested City financial records for the calendar year 2021.
Copies of emails that were provided indicated that bank records would be requested from the bank and copied for Mr. Grassi. The bank would charge a fee of $230.00 for researching and compiling the requested records.
On January 31, 2022, the City clerk responded to the complaint and stated that all electronic copies were ready for Mr. Grassi. The City still needed a response from Mr. Grassi concerning some questions about the terms used for a part of his record request.
Mr. Grassi denied receiving any communication from the City. He also requested that he be allowed to obtain the records directly from the bank rather than through the City.
The City responded that the bank would not release its records directly to Mr. Grassi, but would provide the records to the City, which could then release them to Mr. Grassi. Mr. Grassi will not accept records from the City. He also stated he would not pay any fee for the expense involved in responding to his record request.
Iowa Code section 22.3 allows for the collection of the actual costs involved in the retrieval, review, and release of public records.2
The City has not violated Iowa Code chapter 22 by requiring receipt of payment for the records prior to releasing the requested records, in this case, the bank fee of $230.00. Until Mr. Grassi receives and reviews the records, it is premature to assume that the City has not fulfilled his record request.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet these requirements.
IT IS SO ORDERED: Formal complaint 22FC:0002 is dismissed as legally insufficient 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 March 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.
1. In addition, he alleged that the City was intercepting funds that belonged to the Fire and Ambulance department. This issue is beyond the jurisdiction of the IPIB (see Iowa Code section 23.1)
2. 22.3 Supervision — fees. 1. The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian’s authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means. Fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of expenses to be incurred in fulfilling the request and such estimated expenses shall be communicated to the requester upon receipt of the request. The lawful custodian may adopt and enforce reasonable rules regarding the examination and copying of the records and the protection of the records against damage or disorganization. The lawful custodian shall provide a suitable place for the examination and copying of the records, but if it is impracticable to do the examination and copying of the records in the office of the lawful custodian, the person desiring to examine or copy shall pay any necessary expenses of providing a place for the examination and copying.
2. All expenses of the examination and copying shall be paid by the person desiring to examine or copy. The lawful custodian may charge a reasonable fee for the services of the lawful custodian or the custodian’s authorized designee in supervising the examination and copying of the records. If copy equipment is available at the office of the lawful custodian of any public records, the lawful custodian shall provide any person a reasonable number of copies of any public record in the custody of the office upon the payment of a fee. The fee for the copying service as determined by the lawful custodian shall not exceed the actual cost of providing the service. Actual costs shall include only those expenses directly attributable to supervising the examination of and making and providing copies of public records. Actual costs shall not include charges for ordinary expenses or costs such as employment benefits, depreciation, maintenance, electricity, or insurance associated with the administration of the office of the lawful custodian. However, a county recorder shall not charge a fee for the examination and copying of public records necessary to complete and file claims for benefits with the Iowa department of veterans affairs or the United States department of veterans affairs.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2022, to:
Brian Grassi
City of West Liberty