Date:
03/03/2023
Subject:
Mari Radtke/City of Paullina - Final Report & Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Mari Radtke, Complainant And Concerning: City of Paullina, Respondent |
Case Number: 22FC:0050
Final Order
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This matter comes before the Iowa Public Information Board (IPIB) this 3rd day of March, 2023, to consider the Report concerning completion of the Informal Resolution.
The IPIB accepted the complaint on August 18, 2022, and directed IPIB staff to assist the parties in adopting an Informal Resolution. The parties approved an Informal Resolution, and the IPIB approved it on October 20, 2022.
The Informal Resolution was to be completed within 90 days, or by January 18, 2023. The terms of the Informal Resolution were not successfully completed by February 21, 2023. The delay occurred when IPIB staff asked the City of Paullina to modify the City’s fee policy and vote on the revised version.
The terms of the informal resolution have been successfully completed.
Upon providing proof of compliance, the IPIB agreed to dismiss this complaint.
Therefore, pursuant to the terms of the Informal Resolution, this complaint is dismissed as successfully resolved.
So Ordered this 3rd day of March, 2023.
_______________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2023, to:
Mari Radtke
Tisha Halverson, legal counsel for the City of Paullina
Before The Iowa Public Information Board
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In re the Matter of: Mari Radtke, Complainant And Concerning: City of Paullina, Respondent |
Case Number: 22FC:0050
Final Report
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Final Report:
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.
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.
The Iowa Public Information Board (IPIB) accepted the complaint on August 18, 2022. Pursuant to Iowa Code section 23.9, the parties have agreed upon the following terms for an informal resolution of this matter:
- The City of Paullina shall acknowledge that Iowa Code chapter 22 allows a government body to charge reasonable fees for the fulfillment of a public record request based upon actual costs.
- The City of Paullina shall acknowledge that Iowa Code chapter 22 does not require a record requester to complete a form prior to releasing public records.
- The City of Paullina shall adopt a records release policy, including fees to be charged to fulfill a record request. A copy of this policy shall be provided to the IPIB for approval.
- All members of the Paullina City Council and the Mayor and City Clerk shall attend training on Iowa Code chapters 21 and 22 during an open and public meeting, to be scheduled and presented by the Iowa League of Cities, the city attorney, or other presenter approved by the IPIB.
- The Paullina City Council shall approve this Informal Resolution at an open and public meeting and shall include this Informal Resolution in the official minutes of said meeting.
All terms of this Informal Resolution shall be completed within 90 days of the date of approval of this Informal Resolution by all parties. Upon showing proof of compliance, the IPIB will dismiss this complaint as successfully resolved.
Mari Radtke approved the Informal Resolution on September 8, 2022. The City of Paullina approved the Informal Resolution on September 15, 2022. The IPIB approved the Informal Resolution on October 20, 2022.
The terms of the Informal Resolution were to be completed by January 18, 2023. On January 17, 2023, the City provided its documentation of compliance with the terms. A copy of the records policy was approved by the City on January 16, 2023, and provided to the IPIB on January 20, 2023.
IPIB staff informed the City on January 30, 2023, that modifications were necessary before IPIB staff could recommend approval of the records policy (term 3 of the Informal Resolution). The City modified the records policy on February 21, 2023, as requested by IPIB staff.
The terms of the Informal Resolution are completed.
Therefore, it is recommended that the IPIB dismiss the complaint as resolved through informal resolution.
By the IPIB Executive Director:
___________________________
Margaret E. Johnson
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _______ day of __________, 2023, to:
Mari Radtke
Tisha Halverson, legal counsel for the City of Paullina