Date:
10/19/2023
Subject:
Roger Hurlbert/Montgomery County Assessor - Acceptance Order
Opinion:
The Iowa Public Information Board
Roger Hurlbert, Complainant And Concerning: Montgomery County Assessor, Respondent |
Case Number: 23FC:0069 Acceptance Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
Background
On June 26, 2023, Roger Hurlbert (Complainant) filed formal complaint 23FC:0069, alleging that the Montgomery County Assessor’s Office (Assessor) violated Iowa Code chapter 22.
On June 26, 2023, the complainant submitted a third request for a copy of an assessment data file from the Assessor. His previous requests had gone unanswered. At the same time, he filed this complaint complaining of the Assessor’s delay and lack of response.
In response, the Assessor provided what the Complainant terms “a barebones file,” which lacks the Computer Assisted Mass Appraisal data the Complainant desires. The Assessor stated in response that Vanguard, a private company, retains the CAMA data. Vanguard has failed to provide that data to the Complainant. The Complainant has now requested that the Assessor provide the CAMA data by making copies of its backup files. The files have as yet not been provided, either by Vanguard or the Assessor.
Analysis
“A government body shall not prevent the examination or copying of a public record by contracting with a nongovernment body to perform any of its duties or functions.” Iowa Code § 22.2(2).
The records requested must be produced unless they are being withheld because of confidentiality. The records at issue here still have not been produced, either by Vanguard or by the Assessor via the backup records. As such, the complaint should be accepted to ensure that release of the records and compliance with chapter 22.
Conclusion
The complainant requested CAMA files from the Assessor. Vanguard, a private third party, holds the files for the Assessor. Vanguard has not produced the records. The Assessor has not produced the records. Therefore, the complaint should be accepted.
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 meets those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0069 is accepted 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 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.