Date:
10/20/2022
Subject:
Matt Loffer/City of Marengo - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Matt Loffer, Complainant And Concerning: City of Marengo, Respondent |
Case Number: 22FC:0097
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.
Matt Loffer filed formal complaint 22FC:0097 on September 18, 2022, alleging that the City of Marengo (City) violated Iowa Code chapter 22 on August 12, 2022.
Mr. Loffer alleged that he made a public records request on June 26, 2022 concerning citations issued between January 1, 2021, and June 26, 2022, for violations of a municipal law concerning animals. He received a response on July 11, 2022, stating that the records were ready to be picked up and estimating a fee of $45.00 for the copies.
He alleged that on August 2, 2022, he submitted a revised record request and attempted to make payment for the estimated fees. Staff asked him to return on August 4, 2022, to make payment as the city clerk was out of the office. On August 4, 2022, the city clerk told him that he did not need to pay for the records until they were retrieved and copied.
Mr. Loffer alleged that on August 12, 2022, he received an email that the records were ready for him to pick up and that the fee for the records was $11.75. On that date, he stated that he received seven pages of records1 He questioned both the time it took to receive the records and the fee schedule used by the City.
IPIB staff notified the City of the formal complaint on September 30, 2022. On October 10, 2022, the city attorney responded to the complaint. In response, the attorney stated that the initial estimate was not charged to Mr. Loffer as the attorney had the records readily available.
The legal counsel for the City also explained that during the pendency of this matter, legal counsel had also discussed the information from the records directly with Mr. Loffer. He noted that Mr. Loffer did not respond to the July 11, 2022, communication from the City until August 2, 2022. The records were prepared and ready for release on August 12, 2022.
Mr. Leffer picked up the records on August 16, 2022. The trial on his citation was held on September 6, 2022.
The amount of time between the revised record request on August 2, 2022, and the notification that the records were ready for him on August 12, 2022, is not an unreasonable delay pursuant to Iowa Code chapter 22, as explained on the IPIB website.2
Iowa Code section 22.3 allows a governmental body to charge a reasonable fee based upon actual costs for the retrieval, review, and release of public records. On its face, the fee of $11.75 does not appear unreasonable. The City has a fee policy that was approved in April 2021. The City should review that fee schedule for possible revision based upon the modifications to Iowa Code section 22.3 that became effective on July 1, 2022.
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:0097 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 October 20, 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. Mr. Loffer also questioned the contract the City uses to obtain animal control services and whether the City unfairly targets him in enforcing the municipal law concerning animal control. These matters are beyond the scope of Iowa Code chapter 22 and are not within the IPIB’s jurisdiction pursuant to Iowa Code section 23.1. Mr. Loffer was involved in litigation with the City concerning an animal control citation during this time frame.
2. https://ipib.iowa.gov/faq/i-want-record-right-now-how-much-time-does-public-agency-have-produce-requested-record
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2022, to:
Matt Loffer
Gage Kensler, legal counsel for the City of Marengo