Date:
09/21/2023
Subject:
Julie Madden/Akron Care Center - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Julie Madden, Complainant And Concerning: Akron Care Center, Respondent |
Case Number: 23FC:0064 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On June 13, 2023, the complainant, Julie Madden, filed formal complaint 23FC:0064, alleging that Akron Care Center (Center) violated Iowa Code chapters 21 and 22.
Background
The Center is a nursing care facility. Pursuant to chapter 24 of the City of Akron municipal code, the Center is governed by a publicly elected Board of Trustees. As such, it is subject to the requirements of Iowa Code chapter 21 under Iowa Code § 21.2(1)(c).
Since the beginning of the COVID-19 pandemic, the regular public meeting of the Board of Trustees has been held at the Akron Care Center. As a healthcare facility, the Center is required to abide by various regulations set forth by the CMS, CDC, and state and local health agencies with regard to the pandemic and the at-risk group the Center serves. When meetings were held at the Center, these regulations required unvaccinated attendees to either take a COVID-19 test or provide a vaccine exemption form before entering the meeting in person. Alternatively, attendees were given the option to call in to the meeting via telephone.
The complaint alleges that on May 16, 2023, five days after the pandemic officially ended, the Center still required that the complainant comply with the above requirements to attend the meeting and that this “may be in violation of my HPPA [sic] rights and First Amendment Freedom of the Press.”
Further, the complainant alleges the Center did not comply with her public records requests for salary information made in 2022.
In response to the complaint, the Center stated that although the pandemic ended on May 11, 2023, it was following guidance from the Iowa Healthcare Association and Leading Age in continuing to enforce the requirements. It also explained that on June 5, 2023, “guidance came out that states the exemptions are not going to be required 60 days after the publish date, August 4, 2023.”
Regarding the public records portion of the complaint, the Center provided letters from its legal counsel explaining to the complainant that the Center is not subject to the requirements of chapter 22.
Analysis
Open meetings are required to “be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.” Iowa Code § 21.4(1)(b).
Here, the meetings were held in a place reasonably accessible to the public at a reasonably convenient time. The complainant could have taken a COVID-19 test or provided a vaccine exemption form if she wished to attend the meeting in person while remaining unvaccinated. Alternatively, the complainant was given the option to access the meeting via telephone.
Regarding the complainant’s suggestion that the Center’s COVID-19 requirements may have violated her health privacy or First Amendment rights, IPIB lacks subject matter jurisdiction to hear and decide such legal issues.
The complainant’s allegations related to public records were for a request made August 8, 2022. Resolution of these allegations by Iowa Public Information Board is time-barred. “The complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence.” Iowa Code § 23.7.
Conclusion
The Center held its meetings in a place reasonably accessible to the public at a reasonably convenient time. As a healthcare facility, the Center must comply with other regulations in addition to its requirements under Iowa Code chapter 21 as a public facility. The fact that the complainant disagreed with these regulations or otherwise did not wish to comply with them does not amount to a violation of chapter 21. Further, the complainant’s allegations regarding the Center’s compliance with chapter 22 are time-barred, as they occurred more than sixty days before the date on which this complaint was filed.
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 complaints 23FC:0064 is dismissed as legally insufficient. pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
The Center held its public meetings in the care facility. The Center implemented COVID-19 restrictions for in-person attendance to the meetings. The Center provided telephonic access to Ms. Madden to address her inability to attend in person and because of COVID-19 restrictions. Whether the restrictions were a violation of her federal or Constitutional rights is beyond the jurisdiction of IPIB. Her public records complaint is also outside IPIB’s jurisdiction.
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 June 15, 2023. 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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Erika Eckley, J.D.