22FC:131 Richard Aultman/Fremont County - Dismissal Order

Date:
04/20/2023

Subject:
Richard Aultman/Fremont County - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On December 27, 2022, Richard Aultman filed formal complaint 22FC:0131, alleging that Fremont County violated Iowa Code chapter 22 by failing to produce various requested public records.

On October 30, 2022, Aultman submitted a records request to the Fremont County Sheriff. On November 2, 2022, Aultman submitted a records request to the Fremont County Auditor. On December 4, 2022, Aultman submitted another request, this time to the Fremont County Attorney. The following is a summary of the requested records.[1]

• Receipts for all payments made under Chapter 818 and 820, for extraditions by the Fremont County Sheriff’s Office for the past five years.
• County dispatcher work schedule for June 4–6, 2021.
• Internal memos providing directions specific to the handling of the warrant for Richard Aultman
• Sheriff deputies’ schedule for June 4–6, 2021.
• Copy of communications between Fremont County and AT&T, Chat Mobility, and Windstream in which requests for itemized copies of phone bills were discussed.
• Copy of the incident report for a welfare check at 2328 330th Ave., Riverton, IA 51650 on April 10, 2021.
• Incident report from July 1, 2020, resulting from Aultman’s call stating that Mindy Ward had violated section 710.6.
• Video surveillance footage from the Fremont County Jail that shows Aultman’s iPhone and iPad being received and transferred from their original packaging.
• A copy of the public records request from Jon Johnson to Kevin Aistrope concerning Aultman’s release date.
• All communications between Fremont County and Jon Johnson.
• Copy of any confidentiality or non-disclosure agreements used by Fremont County Sheriff’s Office.
• All communications between Dee Owens and Fremont County concerning the present request.
• Sheriff’s Office phone bill for June and July 2022 that shows calls made and received.
• Sheriff’s Office phone bill for April and May 2021 that shows calls made and received.
• Kevin Aistrope’s cell phone bills for April and May 2021, and June and July 2022.

On January 5, 2023, Fremont County provided to Mr. Aultman the records requested, notice that documents requested did not exist, or the County’s justification for withholding any document in response to his complaint and forwarded a copy of this disclosure to IPIB

Mr. Aultman alleged that the response by the County did not resolve his complaint because he believed many of the records that were withheld should have been released.

A review of the records and responses, however, indicates that Fremont County did provide records responsive to Mr. Aultman’s request. Mr. Aultman’s complaint is that the documents received did not answer all of his questions.

Chapter 22, however, only requires that a custodian produce records in its possession that are responsive to the request. It does not require that a custodian answer questions related to those records or provide additional information not contained in those records. The County has provided the records Aultman requested.

Mr. Aultman also alleges that there was a violation of Chapter 22 because various other records were not provided either because Fremont County did not possess any responsive records or the records were protected from disclosure under the attorney-client privilege. Chapter 22 does not require the custodian to create documents it does not have. Fremont County is not required to produce records that are confidential under the attorney-client privilege.[2]

Fremont County provided records in its possession in response to Mr. Aultman’s request or disclosed valid reasons for withholding confidential documents. There is no violation of Chapter 22.

Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0033 is dismissed as it is legally insufficient pursuant to Iowa Code § 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 April 20, 2023.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.

CERTIFICATE OF MAILING

This document was sent on April 11, 2023, to:

Richard Aultman

Dee Owen Fremont County

[1] Mr. Aultman included requests for a number of other things that were not public records requests. These requests have been omitted from the above list for purposes of clarity.

[2] IPIB has recognized the exemption of attorney-client privileged documents when reviewing public records requests and dismissed past complaints for this reason. Attorney-client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, the Code of Professional Responsibility, and case law.