Date:
10/20/2022
Subject:
Michael Merritt/City of Newton - Informal Resolution and Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Michael Merritt, Complainant And Concerning: City of Newton, Respondent |
Case Number: 22FC:0071
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.
Michael Merritt filed formal complaint 22FC:007 on July 20, 2022, alleging that the City of Newton violated Iowa Code chapter 22.
The Iowa Public Information Board (IPIB) accepted this complaint on September 15, 2022. Pursuant to Iowa Code section 23.9, the parties have agreed to the terms of an informal resolution.
Michael Merritt approved the Informal Resolution on October 13, 2022. The City of Newton approved the Informal Resolution on October 12, 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:
Michael Merritt
Matt Brick, legal counsel for the City of Newton
Before The Iowa Public Information Board
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In re the Matter of: Michael Merritt, Complainant And Concerning: City of Newton, Respondent |
Case Number: 22FC:0071
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:
Michael Merritt filed formal complaint 22FC:0071 on July 20, 2022, alleging that the City of Newton (City) violated Iowa Code chapter 22 on June 23, 2022. Mr. Merritt alleged the following violations:
1) City violated Iowa Code chapter 22 by having outside counsel respond to his record request instead of city staff.
2) City discriminated on the basis of gender against Mr. Merritt.
3) City failed to properly investigate a matter in 2019 concerning a restraining order, Mr. Merritt’s ex-wife, and the “concealed transfer of children to live in Ames, IA.”
4) Additional concealment of children occurred during appearances before the San Diego East County Superior Court in 2019.
5) The Newton Police Department has failed to execute “consistent law enforcement” when Mr. Merritt has reported harassment to them.
6) The Newton Police Department took no action in November 2021 after Mr. Merritt reported evidence of identity theft.
7) Mr. Merritt’s ex-wife executed a “multi-year conspiracy” in Iowa, California, and Montana while using his information to obtain health care benefits.
8) Mr. Merritt’s ex-wife continues to conceal the youngest child, who is a minor.
9) On July 15, 2022, the City conditioned release of requested records on payment of “over $10,000.”
10) In June 2022, the Newton Police Department provided an incident report to a female for $5.00, and in July 2022 charged Mr. Merritt $10.00 for an incident report.
11) Mr. Merritt accused City staff of “surveillance of free speech published by a citizen they know is investigating them” because he tracked his website traffic to the City computers.
Of all the allegations listed, only numbers (9) and (10) allege possible violations of Iowa Code chapter 22. The remainder of the allegations are beyond the jurisdiction of the IPIB.
Legal counsel for the City responded to the complaint on August 5, 2022. As to allegation (10), counsel explained that the City revised its fee schedule effective July 1, 2022. Under the new fee schedule, the expense to provide the incident report increased to $10.00. The report provided to a female, as alleged by Mr. Merritt, was under the previous fee schedule.
As to allegation (9), legal counsel responded that the records requested are voluminous and consist of “copies of nearly every City email sent from January 1, 2021, to June 24, 2022.” Counsel added that Mr. Merritt has not provided additional search terms to narrow the scope of his record request in order to lower the estimated costs.
Iowa Code section 22.3 allows a government body to charge fees for the retrieval, review, and release of public records. It also allows a government body to collect such fees prior to fulfilling a request for public records.
The changed language to Iowa Code section 22.3, effective July 1, 2022, allows a record requester to challenge the reasonableness of a custodian’s expenses. Although Mr. Merritt has not engaged in communication with the City to determine whether the quoted expenses are reasonable, the code modifications permit a challenge to the reasonableness of fees.
Acceptance of this complaint allows the IPIB to seek further information concerning the reasonableness of the fees for both allegations (9) and (10) and coordinate a resolution of the fee dispute.
The Iowa Public Information Board accepted this complaint on September 15, 2022. Pursuant to Iowa Code section 23.9, the parties have negotiated an informal resolution and agree to the following terms:
1. The City will provide an accounting for the fees quoted for both record requests within 15 days of approval of the informal resolution.
2. The City will suggest possible search terms that could lower the fees within 15 days of approval of the informal resolution.
3. Mr. Merritt, upon receipt of items (1) and (2), will indicate within seven days whether he is in agreement with a modification of search terms or will provide any acceptable search term modifications.
4. If the parties are unable to reach an agreement within 20 days of completion of items(1), (2), and (3), IPIB staff will review the parties' position and will determine whether the proposed fees are reasonable.
5. Parties will be notified of this determination and will have 10 days to agree or disagree to such determination. If there is no agreement, the informal resolution will be deemed to have been unsuccessful, and the IPIB will proceed with a probable cause report pursuant to Iowa Code section 23.10.
6. The City will provide a copy of its fee policy or draft a policy if none exists. Such a policy will be subject to approval by the IPIB.
The terms of the Informal Resolution will be completed within 90 days of the approval of all parties. Upon successful completion of the terms, the IPIB will dismiss this complaint.
Matt Brick, legal counsel for the City, signed the resolution on October 12, 2022, on behalf of the City. Mr. Merritt signed the informal resolution on October 13, 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:
Michael Merritt
Matt Brick, legal counsel for the City of Newton