Date:
09/21/2023
Subject:
Mari Radtke/City of Paullina - Status Report
Opinion:
The Iowa Public Information Board
Mari Radtke, Complainant And Concerning: City of Paullina, Respondent |
Case Number: 22FC:0069 Status Report
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COMES NOW, Daniel M. Strawhun, Legal Counsel for the Iowa Public Information Board (IPIB), and respectfully submits this status report for formal complaint 22FC:0069.
Background
On July 21, 2022, Mari Radtke filed formal complaint 22FC:0069 against the City of Paullina (“City”) alleging a violation of Iowa Code chapter 22. She alleged that the City failed to provide records she requested.
IPIB accepted this complaint on November 17, 2022. Pursuant to section 23.9, IPIB made efforts to reach an informal resolution between the parties. At the February IPIB meeting, IPIB staff presented a probable cause report. The report concluded that probable cause existed because the City had failed to release certain records the Complainant requested. The City stated that the records had been deleted, but did not state when the records were deleted or provide documentation thereof.
Because it was unclear whether the documents were deleted before or after the City received notice of the Complainant’s records request, the Board declined to decide whether probable cause existed to believe a violation occurred. Instead, it instructed IPIB staff to continue investigating the complaint to determine when the records were deleted.
Current Status
IPIB staff drafted questions designed to determine when the documents were deleted. The answers to the questions are to be recorded in the form of an affidavit and signed by each individual whose records were deleted. Staff sent these questions and an affidavit template to the City’s attorney with instructions. Staff also called the relevant individuals to collect their email addresses (the City does not have a website or official email addresses) so that the affidavits could also be sent directly to them. The individuals who responded have been sent the affidavits and instructed to confer with the City’s attorney when completing them.
Respectfully submitted on September 21, 2023.
Daniel M. Strawhun
Attorney
Iowa Public Information Board