22FC:0068 Paul Reed/City of West Liberty

Date:
08/18/2022

Subject:
Paul Reed/City of West Liberty

Opinion:

The Iowa Public Information Board

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

Paul Reed filed formal complaint 22FC:0068 on July 12, 2022, alleging that the City of West Liberty (City) violated Iowa Code chapter 22 on July 12, 2022.

Mr. Reed alleged that on June 22, 2022, he submitted a record request listing six separate topics.  Each request asked for “(a)ny and all documents including emails, hard copies, audio recordings, and/or proof of any sort that shows”:

1. That a letter of resignation was reviewed by the city attorney and what the city attorney recommended;
2. That showed that a named person was asked to become interim fire chief and any replies from listed individuals;
3. That shows any laws that verify a comment made by the city clerk at the June 21, 2022, council meeting;
4. That shows any discussion between current and previous council members, city employees, citizens, and city or county attorneys regarding a resignation request of the mayor and mayor pro tem;
5. That shows any discussions with five named individuals about Mr. Reed’s June 9, 2022, public records request; and
6. That “was NOT included in a FOIA Request submitted on June 2nd, 2022 that would show “WHY” Paul Reed was considered to become Interim Fire Chief.”

Mr. Reed included a copy of an email he received on June 22, 2022, that indicated the city clerk was out of the office until June 27, 2022.  This email included a copy of the City’s policy and procedure.  He then emailed the city clerk to state that he would wait until June 27, 2022, to start counting the “ten(10) business days to provide what was requested….”

On June 27, 2022, Mr. Reed received an email from the city clerk indicating that the clerk had spent four hours collecting the records, which were then sent to the city attorney for review. 

Mr. Reed alleged that he visited city hall on June 29, 2022, and spoke to other city employees as the city clerk was out of the office.  Some records were available for him at a fee of $72.10, which he paid.  He alleged that there were only five or six sheets of paper, so he would not sign a receipt for the copies. He provided a copy of the response from the city clerk to each of his six listed record requests (Exhibit 1). 

On July 12, 2022, Mr, Reed again emailed the city clerk and resubmitted his original request.  He stated that the city clerk responded, noting there were no other records responsive to his request.  Mr. Reed then sent an email with three questions, noting that he still has not received the resignation letter he requested.

Later that same day, he alleged he received another email from the city clerk with answers to his questions and additional public records, including the resignation letter.  As of the date of filing this complaint, Mr. Reed alleged he only received records responding to items #1 and #4.

On July 14, 2022, the city clerk responded to the complaint on behalf of the City.  The clerk provided an outline of the record request and the City’s responses (Exhibit 2).  The response included 62 additional pages of copies of records that have been provided for this and earlier record requests.

Mr. Reed replied to the response on July 21, 2022.  He characterized the response as a “blatant lie”, adding that he had not received most of the pages included in the attachment.  He acknowledged that he did receive the City’s response dated July 14, 2022, including attachments.

With the release of all responsive records, the only issue remaining is whether the fee charged, $72.10, is unreasonable.  The city clerk indicated that over 16 hours was spent retrieving records, but Mr. Reed was only charged for 4 hours, at $20 per hour, with the first 30 minutes at no cost.  This is not unreasonable and is based upon actual costs as required by Iowa Code section 22.3.

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:0068 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 Dire

________________________________

Margaret E. Johnson

CERTIFICATE OF MAILING

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

Paul Reed

City of West Liberty