Date:
09/15/2022
Subject:
Michael Merritt/Panorama Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Michael Merritt, Complainant And Concerning: Panorama Community School District, Respondent |
Case Number: 22FC:0082
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Michael Merritt filed formal complaint 22FC:0082 on August 19, 2022, alleging that the Panorama Community School District (District) violated Iowa Code chapter 22 on April 12, 2022.
Mr. Merritt provided a copy of a record request that he filed with the District on April 11, 2022, requesting certain records. He also included a copy of an email he received from the District on April 12, 2022, which acknowledged his record request and provided an estimate of the fees associated with his request. This email from the District stated: “Once we receive this payment we will proceed with your request.”
His complaint alleges that the District violated Iowa Code chapter 22 by requesting the payment of fees prior to providing records. He included information indicating that other school districts provided similar records without charge.
Legal counsel for the District responded on August 30, 2022. She stated that the District responded to the request on April 12, 2022, and requested payment of a fee for the records before any action would be taken.
Counsel added that any alleged violation of Iowa Code chapter 22 would arise from the actions taken by the District on April 12, 2022. She added that Iowa Code section 23.7(1) sets the jurisdictional authority of the IPIB at 60 days. Since the alleged violation occurred on April 12, 2022, more than four months before this complaint was filed, the IPIB would not have jurisdiction.
The IPIB does not have jurisdiction over this complaint because it was not filed within 60 days of the alleged violation on April 12, 2022. Iowa Code section 23.7(1) states:
“The complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence. All complaints filed with the board shall be public records.” 1
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:0082 is dismissed as beyond the jurisdiction of the IPIB 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 September 15, 2022. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
1. At the time of the alleged offense in April 2022, the third sentence in Iowa Code section 22.3(1) read: “… Fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of expenses to be incurred in fulfilling the request and such estimated expenses shall be communicated to the requester upon receipt of the request….” It was not a violation of Iowa Code chapter 22 to require advance payment. The amendment of this code section on July 1, 2022, did not change the ability of a government body to request prepayment of fees associated with the fulfillment of a record request.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2022, to:
Michael Merritt
Kristi Latta, legal counsel for the Panorama Community School District