Date:
11/17/2022
Subject:
Michael Schoenbaum/City of Bonaparte - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Michael Schoenbaum, Complainant And Concerning: City of Bonaparte, Respondent |
Case Number: 22FC:0092
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 Schoenbaum filed formal complaint 22FC:0092 on September 14, 2022, alleging that the City of Bonaparte (City) violated Iowa Code chapters 21 and 22 on August 16, 2022.
Mr. Schoenbaum alleged that he made a written request to the City clerk on August 16, 2022, requesting records concerning “discussion of dilapidated properties”. He alleged he followed with a series of phone calls and emails. He added that he sent another email a couple of weeks later.
Following his second request, he alleged that the City clerk began ignoring him and the previous owner of his house started to harass him. He asked that the IPIB require that the City provide him with three years of meeting minutes.
The City was notified of his complaint on September 14, 2022. The City responded on September 22, 2022.
In response to the complaint, the City stated that the August 16, 2022, record request was for “each council meeting notes that mention building condition complaints by other citizens” for 407 Maple Street. This request was sent to legal counsel for the City, as no such records existed.
The second request, on August 25, 2022, was for “city council minutes…(that) pertained to citizen complaints to be specific on the said above property…(from) 2013 to present.” Again, since there were no such records, this request was also sent to the City’s legal counsel.
The City noted that the agenda item concerning “nuisances” involving this property was included on the September 8, 2022, agenda. Minutes for that meeting were sent to Mr. Schoenbaum on September 20, 2022.
Copies of the records requested in the September 14, 2022, IPIB complaint (the last three years of meeting minutes) were available. Copies could be provided upon payment of a fee of $42.50 or for no cost if reviewed at city hall.1
The City’s response was sent by IPIB staff to Mr. Schoenbaum on October 6, 2022. On October 12, 2022, Mr. Schonebaum responded that the only records he received were the September 20, 2022, minutes. He added that he found it “hard to believe” that the City had no notes responsive to his request and that the topic of the property at issue had not been discussed by the city council prior to September 8, 2022.
Mr. Schoenbaum also asked for a copy of the fee ordinance for public records. The City responded that the fee policy was enacted by the city council in January 2022 and is available for review at the city hall.
Mr. Schoenbaum also asked why the City was only offering copies of minutes for meetings in the last four years. The City responded that he had only requested three years in his IPIB complaint and that more years are available. Mr. Schoenbaum said he would determine whether he wants more years and notify the City.
It appears that the City has provided a copy of the minutes of the only meeting where Ms. Schoenbaum’s property was discussed within 12 days of the date of that meeting. This record did not exist at the time of the August 16 or the August 25, 2022, record requests.
The request for three years of meeting minutes was not made until September 14, 2022, as part of his complaint. Those minutes are available upon payment of the fees assessed or at no cost at city hall.
No allegations were made by Mr. Schoenbaum concerning a violation of Iowa Code chapter 21, open meetings laws.
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:0092 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
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Margaret E. Johnson
1. Other allegations that are beyond the scope of open meetings and public records laws were raised and responded to, such as why meeting notes were not retained, whether the city clerk screens calls, and why the clerk follows the Record Retention Manual for Iowa Cities. These issues are beyond the authority of the IPIB to address, pursuant to Iowa Code section 23.1.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Michael Schoenbaum
Holly Richardson city clerk for the City of Bonaparte