Date:
08/17/2023
Subject:
Don Burgmaier/Iowa Attorney General- Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Don Burgmaier, Complainant
Iowa Attorney General, Respondent |
Case Number: 23FC:0073 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
Facts
Don Burgmaier filed formal complaint 23FC:0073 on July 13, 2023, alleging that the Iowa Attorney General violated Iowa Code chapter 22 on June 29, 2023.
Mr. Burgmaier alleged that the Iowa Attorney General failed to respond to his record request by the date he filed this complaint which was 15 days. He provided a copy of his record request along with his complaint. Mr. Burgmaier’s request was for the names of all assistant attorneys general that have resigned and were replaced since Brenna Bird took office including the assistant attorney general that represented the Iowa Department of Human Services.
Deputy Attorney General David Faith provided a response to the complaint. He stated that the office acknowledged Mr. Burgmaier’s request on June 30, 2023, indicating that the request would be forwarded to the office’s press secretary.
Mr. Faith explained that their office made the decision to provide the requested information despite the fact that the request exceeded the scope of Iowa Code chapter 22. The request required the Office compile information into a new record rather than provide a pre-existing record. He further explained that it took some time and effort to extract the requested information and compile it into a single accessible document.
The Office completed its review and created a record containing all the information requested by Mr. Burgmaier. This document was provided to him on July 18, 2023.
Law
Iowa Code Chapter 22 is silent as to the time for response to a records request. The time to locate a record can vary considerably depending on the specificity of the request, the number of potentially responsive documents, the age of the documents, the location of the documents, and whether documents are stored electronically. The large number of variable factors affecting response time makes it very difficult, and probably unwise, to establish any hard and fast objective standards.
Analysis
Despite not possessing a responsive record to Mr. Burgmaier’s request, the Attorney General’s office compiled a list and created a record to respond to the request. This record was provided to Mr. Burgmaier within nineteen days of his request. The Attorney General was responsive to the records request and created a document in order to fulfill the request. The fact that it took nineteen days from the date of the original request is not unreasonable and did not violate Iowa Code Chapter 22.
Conclusion
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements. Mr. Burgmaier received the requested record with the information requested nineteen days following his public records request.
IT IS SO ORDERED: Formal complaint 23FC:0073 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 August 17, 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.