Date:
08/18/2022
Subject:
Jarod Johnson/City of Muscatine - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jarod Johnson, Complainant And Concerning: City of Muscatine, Respondent |
Case Number: 22FC:0040
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
Jarod Johnson filed formal complaint 22FC:0040 on May 13, 2022, alleging that the City of Muscatine (City) violated Iowa Code chapter 22. Mr. Johnson alleged that he requested information from the City on February 17, 2022
Mr. Johnson stated that he asked for “...the amount of money spent out of the library computer fund for the prior fiscal years.” He alleged that he received no response from the City. On March 16, 2022, he sent an email request and again received no response. Mr. Johnson is on the Board of Trustees for the city library.
On May 2, 2022, he alleged that he met with the Mayor and again asked why the city administrator had not responded to his request for information. He alleged that the Mayor replied, “Maybe it was your tone.”
The city administrator responded to the complaint on May 17, 2022, and stated that there was no evidence of a record request when she reviewed the video footage from the February 17, 2022, meeting. She added that in reviewing the emails she received between March 17 and March 22, 2022, there again was no record request.
She provided a copy of an email dated April 21, 2022, that informed Mr. Johnson that he could access the information he wanted directly from the library director. The City provided the requested records to Mr. Johnson on May 16, 2022.
Legal counselfor the City stated that Mr. Johnson is a trustee of the Library Board. The Iowa Library Trustee’s Handbook designates the Library Director as the lawful custodian of library records.
The Library Board is considered a government body pursuant to Iowa Code section 22.1(1)
1. “Government body” means this state, or any county, city, township, school corporation, political subdivision, tax-supported district, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D; the governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized; or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility forMuscatine Public Library was the primary government body responsible for responding to public record requests, although the City also had access to the information requested. The City apparently believed Mr. Johnson was requesting this information as a library trustee and not as a public records request.
Once it was clear that Mr. Johnson was requesting copies of records from the City, the records were provided to him.
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:0040 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 August 18, 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 Johnson
1. The complaint was filed on May 13, 2022, a Friday. The records were sent to Mr. Johnson on May 16, 2022, a Monday, at 10:46 a.m. The deputy director opened the complaint, assigned a case number, and notified Mr. Johnson and the City on May 16, 2022, between 2:57 and 3:05 p.m. Mr. Johnson provided an email showing that he notified the City’s legal counsel on May 16, 2022, at 9:24 a.m. that there “is an ongoing investigation by the Iowa Public Information Board.”
2, This delay possibly could have been avoided if the parties had engaged in a conversation concerning the requested information or records promptly after the initial communication, or at least following the March 16, 2022, email. The IPIB is considering an advisory opinion, a rule change, and possible legislation to address this issue. The IPIB website lists as “Best Practices” this advice: Communication between lawful custodians and records requestors is strongly encouraged. Communication and cooperation can reduce disagreements over responsiveness to records requests including issues of timing, redaction, and completeness. It is recommended that the custodian:
- Contact the requestor to acknowledge receipt of the request immediately and provide a probable timeline for record release.
- Make additional contact in the event of a potential delay to discuss possible ways to process the request in a timely manner.
- Work diligently to retrieve and release the records.
- Release records as they are ready unless the requestor has asked that the records be compiled and then released together.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2022, to:
Jarod Johnson
Matt Brick, legal counsel for the City of Muscatine
Carol Webb, City Administrator