Date:
11/17/2022
Subject:
Samuel Ellis/Warren County - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Samuel Ellis, Complainant And Concerning: Warren County, Respondent |
Case Number: 22FC:0089
Dismissal Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Samuel Ellis filed formal complaint 22FC:0089 on September 6, 2022, alleging that Warren County (County) violated Iowa Code chapter 22.
Mr. Ellis alleged that on July 15, August 23, and August 29, 2022, he mailed record requests by registered mail to the Warren County Assessor, the Warren County Treasurer, the Warren County Board of Supervisors, and the Norwalk city clerk.
The records request listed 17 items (see Exhibit 1).
Mr. Ellis stated that on July 21, 2022, he received a response from the Norwalk city clerk that the city had no records involving the named property as the property was not within Norwalk city limits.
On August 15, 2022, Mr. Ellis stated he received a response from the Warren County Attorney’s office stating that some of the 17 listed items were not record requests (see Exhibit 2). Included in this response were the records fulfilling his record request.
Mr. Ellis alleged that on August 23, 2022, he sent the same record request to the Warren County Treasurer for a second time. He stated that the Warren County treasurer notified him on August 29, 2022, that the new tax numbers were just received and could now be provided.
On August 24, 2022, in response to the second record request, the Warren County assistant county attorney informed Mr. Ellis that the records were sent by mail on August 15, 2022. Scanned copies were again provided.
Mr. Ellis alleged that on August 31, 2022, he emailed the County attorney to indicate he did not understand the response he had previously received.
The County attorney’s office was advised of the complaint by the IPIB on September 8, 2022. The assistant county attorney responded to the complaint on September 9, 2022. In that response, she indicated that all records had been previously provided to Mr. Ellis. She added:
We believe we have provided all public documents requested by Mr. Ellis that are in the County's possession, to comply with his request for public documents.
We further believe that some of the information requested by Mr. Ellis is not a request for public documents, but rather challenges to the County's authority to tax property.
Mr. Ellis disagreed with this analysis by email on September 12, 2022. Legal counsel responded on September 15, 2022, and stated that:
- The assigned assessment roll (Request 11) was previously provided.
- Request 12 (“actually Request 14”) does not exist.
- Request 13 has been previously provided.
- Request 15 is not a county record. “However, copies of Iowa Code 441.5 and 441.8 are attached to this email.”
Mr. Ellis emailed another response on September 26, 2022, disputing the analysis of the assistant county attorney (see Exhibit 3).
Parties continued to communicate, but no additional records have been released. The County continues to deny that the remaining record requests exist; Mr. Ellis disputes this.
Upon a review of the complaint file, including the three exhibits attached to this Order, it appears that all responsive records have been released. The County is not obligated to answer Mr. Ellis’ questions about the County assessment and taxing authority and process.
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:0089 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 November 17, 2022. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
________________________________
Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Samuel Ellis
Dawn Bowman, assistant county attorney for Warren County