Date:
07/21/2022
Subject:
Jesse Case/Cedar Rapids Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jesse Case, Complainant And Concerning: Cedar Rapids Community School District, Respondent |
Case Number: 22FC:0043
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.
Jesse Case filed formal complaint 22FC:0043 on May 18, 2022, alleging that the Cedar Rapids Community School District (District) violated Iowa Code chapter 22 on May 18, 2022.
Mr. Case alleged that Teamsters Local Union No. 238 sent a written request for information to the District superintendent on April 14, 2022, (see Attachment A) and that the District had not responded as of May 18, 2022.
Legal counsel for the District responded on May 23, 2022, stating that the District viewed this as a request for information pursuant to negotiations taking place through Federal Mediation concerning the District collective bargaining agreement with school bus employees, as indicated in Attachment A.
Counsel stated:
“The District was surprised to receive notice that a formal complaint had been filed with the Iowa Public Information Board because nowhere in Mr. Case’s letter is there a mention that the letter is an open records request. Due to the fact the letter focuses exclusively on the collective bargaining law and process between the District and the Teamsters, the District viewed the Teamsters’ request as a request for bargaining information under chapter 20 of the Iowa Code which is outside the jurisdiction of the Board. As a result, the District’s position is that the formal complaint filed by Mr. Case against the District should be dismissed because the Board does not have jurisdiction over this matter.”
In an email dated May 24, 2022, legal counsel for Mr. Case stated that the request “was intended as one for public records under Chapter 22.” She added that pursuant to Iowa Code chapter 20, the Public Employment Relations Act, “a public employer has a duty to provide information requested by a certified Union if the information sought is relevant to bargaining or the processing of a grievance,” citing decisions by the Public Employment Relations Board (PERB).1
On May 25, 2022, the District agreed to consider the information request as a public records request pursuant to Iowa Code chapter 22. The District added that it will review the records for any records that may be confidential pursuant to Iowa Code section 22.7 and will provide an estimate for any fees that may be applicable under Iowa Code sections 22.3 and 22.3A to Mr. Case.
The District considered the April letter to be a request for information pursuant to Iowa Code chapter 20. Legal counsel for Mr. Case cited Iowa Code chapter 20 authority as well. The parties have now agreed to proceed forward with a public records request for the information. At this time, there are no allegations that Iowa Code chapter 22 has been violated.
Iowa Code section 23.1 states that the purpose of the IPIB “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 to resolve a dispute arising under collective bargaining laws. A request for information for a collective bargaining dispute is similar to a request for discovery in court litigation. Neither are considered requests for public records under Iowa Code chapter 22.
If Mr. Case believes that any estimated fees for the records are incorrect or the records are improperly redacted or withheld, he can file a separate complaint with the IPIB and raise those issues.
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:0043 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 July 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
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Margaret E. Johnson, J.D.
1. Southeast Polk Education Assn., 78 PERB 1068; Greater Community Hospital Employees Assn., 94 PERB 4870.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2022, to:
Jesse Case
Jill Hartley, legal counsel for Jesse Case
Brett Nitzschke, legal counsel for the Cedar Rapids Community School District