Date:
11/17/2022
Subject:
James Smith/City of Ackworth - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: James Smith, Complainant And Concerning: City of Ackworth, Respondent |
Case Number: 22FC:0101
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.
James Smith filed formal complaint 22FC:0101 on September 20, 2022, alleging that the City of Ackworth (City) violated Iowa Code chapter 22 on September 20, 2022.
Mr. Smith alleged that the City refused to give him a copy of “city laws and ordances [sic].” He did not provide a copy of his record request or provide any information of what laws or ordinances he was seeking.
IPIB staff sent the complaint to the City on October 3, 2022. Efforts to contact the City by telephone on October 13, 2022, were unsuccessful. The city clerk called IPIB staff on October 14, 2022, and indicated that she did not receive a copy of the complaint and asked it to be resent.
The city clerk also asked if more information could be provided, as the City had no record of a record request from Mr. Smith.
On October 14, 2022, IPIB staff emailed Mr. Smith and requested a copy of his record request. No response was received.
Without further information from Mr. Smith, this allegation cannot be substantiated. He can always resubmit his record request to the City and provide more detail.
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 those requirements.
IT IS SO ORDERED: Formal complaint 22FC:0101 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
James Smith
Julia McGuire, city clerk for the City of Ackworth