23FC:0027 Zach Palmer/University of Iowa - Dismissal Order

Date:
04/20/2023

Subject:
Zach Palmer/University of Iowa - 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 February 22, 2023, Zach Palmer filed formal complaint 23FC:0027, alleging that the University of Iowa (UI) violated Iowa Code chapter 22.

Mr. Palmer alleged that he requested “Iowa Prison Industries spending back further than 1997 (1970-1997) despite a previous conversation with Renee Funk who informed me their financial data tracking software was implemented in the 1970s.”

IPIB staff requested a dated copy of the record request to determine when the request was made and what records were requested.  Mr. Palmer did not provide this information.  He did provide copies of email communications dated February 22, 2023, in which he was informed that UI did not maintain records prior to 1998, when the current software system was installed.

Mr. Palmer questioned whether the failure to retain the records he requested was a violation of Iowa Code chapter 22.  UI provided the records for the fiscal years 1997, 1998, and 1999 on February 22, 2023. 

Legal counsel responded to the complaint on March 31, 2023.  Counsel stated that all records in the possession of UI had been released.  He added that Iowa Code chapter 22 does not require a certain period for record retention.  The UI record retention policy for purchasing records requires retention for 5-10 years.

Iowa Code chapter 22 does not require any specific time frame for record retention.  The allegations in this complaint are not legally sufficient.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0027 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 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 the 11th day of April, 2023, to:

Zach Palmer

Nathan Levin, legal counsel for the University of Iowa