23FC:0072: Don Benedict/City of Sidney - Final Report and Order

Topics:

Formal Complaints
2023 Formal Complaints

The Iowa Public Information Board

In re the Matter of:

Don Benedict, Complainant

And Concerning:

City of Sidney, Respondent

 

                     Case Number:  23FC:0072

                             Final Report and Order

             

 

On July 11, 2023, Don Benedict filed formal complaint 23FC:0072, alleging that City of Sidney (City) violated Iowa Code chapter 22. 

Mr. Benedict alleges that on June 15, 2023, he sent a public information request to the City requesting all City email communications concerning an incident on May 22nd. In response to the request, the City provided email logs on June 16, 2023. After reviewing the logs, Mr. Benedict sent a new public information request on June 16, 2023, for all City email communications between: 

  • Ken Brown and Riley Christie 
  • Ken Brown and RC tree service 
  • Ken Brown and Fichter law firm 

On June 16th, Ken Brown indicated he would not comply with the public records request. Mr. Brown is the Mayor of the City. Due to Mr. Brown's unwillingness to turn over the public records, the City Council voted at the July 10, 2023, council meeting for the City to access the City’s email archives and release the information to the city attorney for review in response to the records request. Mr. Benedict further alleges he was told by the city attorney that Mr. Brown is threatening litigation if the City proceeds with responding to the public records request without his cooperation. Mr. Benedict alleges that Mr. Brown has indicated he will not cooperate in complying with the request without an order from the Iowa Public Information Board.

The Iowa Public Information Board (IPIB) accepted the complaint on August 17, 2023.  An Informal Resolution was approved by the Board on November 16, 2023.

 

On December 11, 2023, the IPIB Executive Director provided training on Iowa’s Open Meetings and Public Records to the City Council and incoming, newly-elected members of the City Council. All Councilmembers were in attendance except for Ken Brown.

 

On December 13, 2023, IPIB received confirmation from the city attorney and Mr. Benedict that all terms of the Informal Resolution have been satisfied. Therefore, it is recommended that the Board dismiss the complaint as successfully resolved.

Therefore, pursuant to the terms of the Informal Resolution, this complaint is dismissed as successfully resolved.

 

So Ordered on December 21, 2023:

 

_______________________________

IPIB Chair