Date:
10/20/2022
Subject:
Mari Radtke/City of Paullina - Informal Resolution 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
Informal Resolution Order
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This matter comes before the Iowa Public Information Board (IPIB) this 20th day of October, 2022, to consider the Acceptance of an Informal Resolution.
Mari Radtke filed formal complaint 22FC:0050 on May 26, 2022, alleging that the City of Paullina violated Iowa Code chapter 22.
The Iowa Public Informati
Mari Radtke approved the Informal Resolution on September 8, 2022. The City of Paullina approved the Informal Resolution on September 15, 2022.
The Board has reviewed the informal resolution and approves it pursuant to Iowa Administrative Rule 497-2.4(3). The IPIB chair is directed to sign the Informal Resolution on behalf of the IPIB.
The parties have 90 days to complete the proposed terms from today’s date. If the terms of the Informal Resolution are completed, the IPIB will dismiss the complaint.
So Ordered this 20th day of October, 2022.
__________________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2022, 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
Informal Resolution Report
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Informal Resolution 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.
Therefore, it is recommended that the IPIB approve the informal resolution, direct the IPIB Chair to sign the informal resolution on behalf of the IPIB, and set this matter for compliance review by the IPIB in 90 days.
By the IPIB Executive Director:
___________________________
Margaret E. Johnson
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _______ day of __________, 2022, to:
Mari Radtke
Tisha Halverson, legal counsel for the City of Paullina