22FC:0015 Harry Pettit/Madison County - Dismissal Order

Date:
04/21/2022

Subject:
Harry Pettit/Madison County - 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 March 7, 2022, Harry Pettit filed formal complaint 22FC:0015, alleging that Madison County violated Iowa Code chapter 22. 1

Mr. Pettit alleged that on February 8, 9, and 28, 2022, he requested copies of surety bonds from the Madison County board of supervisors, the Madison County attorney, the Madison County auditor, the Madison county recorder, and the Madison County treasurer.  As of the date of his letter, February 28, 2022, he had not received the copies.2

Included in his complaint was a copy of a letter dated February 16, 2022, from the Madison county attorney, which acknowledged receipt of his February 9, 2022, record request.  The letter advised Mr. Pettit that the county attorney was researching whether Madison County had copies of the requested records and anticipated the records would be released within 20 days.

Matt Schultz, Madison County Attorney, was notified of and responded to the complaint on March 10, 2022.  In his response, he stated that when the record request was initially filed, there were no records responsive to the record request.  He noted that at that time, Madison County maintained a liability insurance policy, but that was not the same as a surety bond.3

Following receipt of the public records request, the county attorney determined that “out of an abundance of caution” Madison County should also maintain surety bonds.  The county attorney noted that the bonds were obtained on February 22, 2022, approved by the board of supervisors that same date, and by the District Court on February 28, 2022.  Copies of the bonds were mailed to Mr. Pettit on March 1, 2022.

The response from the county attorney included copies of the records provided to Mr. Pettit.  Mr. Pettit acknowledged receipt of the records, but continued to allege that the IPIB should hold Madison County liable for a violation of Iowa Code section 636.5 and 636.6.

At the time of the initial records request, Madison County did not have any responsive records to release.  Once the county obtained the surety bonds and the bonds were properly approved, copies were sent to Mr. Pettit the next day.  There is no violation of Iowa Code chapter 22.

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 the necessary requirements for acceptance.

IT IS SO ORDERED:  Formal complaint 22FC:0015 is dismissed as legally insufficient and 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 April 21, 2022.  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. The complaint was dated February 28, 2022, but was not received at the IPIB office until March 7, 2022, via U.S. Mail.
2. He also questioned whether Madison County had acquired the proper surety bonds, as he alleged were required under Iowa Code sections 636.5 and 636.6.  The IPIB does not have jurisdiction over alleged violations of Iowa Code section 636.5 and 636.6, pursuant to Iowa Code section 23.1.
3.  The county attorney stated that the Iowa State Auditor had deemed this policy to be sufficient under Iowa Code chapter 64.

CERTIFICATE OF MAILING

This document was sent via. U.S. Mail or by electronic mail on the ___ day of April, 2022, to:

Harry Pettit, 1831 260th St., Winterset, IA  50273

Matt Schultz, Madison County Attorney