22FC:0050 Mari Radtke/City of Paullina - Acceptance Order

Date:
08/18/2022

Subject:
Mari Radtke/City of Paullina - Acceptance Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.

Mari Radtke filed formal complaint 22FC:0050 on May 26, 2022, alleging that the City of Paullina (City) violated Iowa Code chapter 22.

Ms. Radtke alleged that on May 26, 2022, she requested a copy of video footage from city hall.  She was quoted a fee of $60.00 for the record.  She alleged that when she requested additional information concerning the actual costs, the City mayor stated that it was for two hours of the clerk’s time at $30.00 per hour.

On June 4, 2022, the mayor responded to the complaint.  The mayor noted that the city clerk was no longer employed by the City, and the deputy clerk works part-time.  She noted that the City’s telecommunications provider has assisted the City in retrieving the requested record.  The mayor also noted that she “spent more than 6 hours of my personal time trying to fulfill” the request.

The City mayor also stated that it was a complicated process to copy digital video.  She added that the fee quoted was estimated based upon what she thought the new clerk would be paid when the vacancy was filled.  She also stated that unless Ms. Radtke was willing to use the City form for her records request, the City would not retrieve the requested record.1

IPIB staff requested additional information from the City on June 13, 2022.  Staff was advised that all further questions were to be directed to the city attorney.  Since that date, no further information has been provided by the City or the city attorney.2

Iowa Code section 22.3 allows a government body to charge reasonable fees, based upon actual costs, for the examination and copying of a public record.  

An amendment to Iowa Code section 22.3 was signed into law in May 2022 and became effective on July 1, 2022.  According to the new language of Iowa Code section 22.3, the actual costs should also be “reasonable” and “directly attributable to supervising the examination of and making and providing copies of public records.”

Iowa Code section 22.4(2) allows a person to request records “(i)n writing, by telephone, or by electronic means.”  Section 22.2(1) also allows a person to examine and copy a public record in person.  Iowa Code chapter 22 does not require a person to complete a form prior to viewing or copying a public record.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does meet those requirements.

IT IS SO ORDERED:  Formal complaint 22FC:0050 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties shall cooperate with IPIB staff to reach an appropriate informal resolution to resolve the complaint pursuant to Iowa Code section 23.9.

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

________________________________

Margaret E. Johnson

1. Both parties submitted comments concerning the City’s requirement that fees be paid by cash or credit/debit cards and other issues that are not addressed by Iowa Code chapter 22.
2.  IPIB staff had one telephone conversation with the city attorney in early July 2022. But emails sent on June 17, June 24, June 28, July 8, July 20, and July 25, 2022, have not been answered.  A phone message left on July 27, 2022, has not been returned..

CERTIFICATE OF MAILING

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

Mari Radtke

Tisha Halverson, legal counsel for the City of Paullina