22FC:0030 Kevin-Dennis Olson/City of West Des Moines - Dismissal Order

Date:
05/19/2022

Subject:
Kevin-Dennis Olson/City of West Des Moines - 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.

Kevin-Dennis Olson filed formal complaint 22FC:0030 on April 7, 2022, alleging that the City of West Des Moines (City) violated Iowa Code chapter 22 on January 31, 2022.

Mr. Olson alleged that he was stopped on his way home on January 31, 2022, by a City law enforcement employee for a non-working tail light.  He alleged he was improperly stopped and his vehicle searched without authority.  He also alleged a violation of his civil rights.

When asked by IPIB staff for information concerning any public records requests he might have made, he amended his complaint to allege that on April 4, 2022, he requested copies of the oaths of office for the city council members, the chief of police, “and expired copies like you first sent me for Russ Trimble and Tim Stiles.”  

Mr. Olson included a copy of the response he received from the city clerk on April 6, 2022.  Included with the response he received from the City were copies of the signed oaths of office for all elected officials and the chief of police, as well as copies of the public official bonds for the mayor and finance director.  

On April 11, 2022, Mr. Olson sent another email to the IPIB, alleging that the bonds he received were outdated and did not meet state and federal requirements.

On April 19, 2022, legal counsel for the City provided a chart of eight record requests received from Mr. Olson between February 17, 2022, to April 6, 2022, and included copies of the records that were released.  This information was provided to Mr. Olson.

Mr. Olson replied on April 19, 2022, indicating that the bonds provided by the City have expired, in violation of federal law.  He asked that the IPIB determine whether the City has violated federal law.

Iowa Code section 23.1 states the jurisdiction of the IPIB:

The purpose of this chapter is to provide an alternative means by which to secure compliance with and enforcement of the requirements of chapters 21 and 22 through the provision by the Iowa public information board to all interested parties of an efficient, informal, and cost-effective process for resolving disputes.   

The IPIB does not have jurisdiction over the evaluation or enforcement of federal statutes concerning bond requirements or violations of civil rights.  Mr. Olson has received copies of the records in the possession of the City.  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:0030 is dismissed as beyond the jurisdiction of the IPIB 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 May 19, 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.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of May, 2022, to:

Kevin-Dennis Olson

Jessica Spoden, Assistant City Attorney, City of West Des Moines