The Iowa Public Information Board
In re the Matter of: Matthew Jensen, Complainant And Concerning: Pottawattamie County Treasurer, Respondent |
Case Number: 23FC:0094 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
Matthew Jensen filed formal complaint 23FC:0094 on September 28, 2023, alleging that the Pottawattamie County Treasurer violated Iowa Code chapter 22 on September 19, 2023.
Mr. Jensen alleged that this complaint centers around an open records request that he submitted to the Pottawattamie County Treasurer Lea Voss on September 5, 2023. Mr. Jensen requested a copy of the bill of sale for three separate vehicles. The Treasurer forwarded the request to the Pottawattamie County Attorney's office. Mr. Jensen states that he had to wait until someone came back from being out of the office to review the request. It was then sent back down to Lea Voss. On September 25, 2023, he received a response. The only records provided were for one of three vehicles. He states that regarding the other two, he was either sent information not matching the date or they are saying the DOT deleted the files. He believes Ms. Voss is attempting to hide criminal activity by not wanting to release the documents
Matthew Wilber, Pottawattamie County Attorney provided a response on behalf of the Treasurer’s office. The record request was received on September 5, 2023, from Mr. Jensen requesting the bill of sale for three vehicles and provided the descriptive information needed for a search. The Treasurer forwarded the request to the County Attorney for a review of confidentiality before responding to Mr. Jensen’s request on September 13, 2023.
The Treasurer provided the County Attorney with copies of the title for two of the vehicles requested. The third vehicle was not found to be registered in Iowa and did not appear on a list of vehicles ever registered to Mr. Jensen. These documents were not reviewed until September 19, 2023 at which time Mr. Wilbur responded to Ms. Voss and informed her that there was no confidential information and the documents could be provided to Mr. Jensen.
Mr. Jensen specifically requested a bill of sale for each vehicle. The Pottawattamie County Treasurer’s Office does not have those specific documents available but did provide the certificate of title as well as the application for certificate of title. Per the DOT, the application can be classified as a bill of sale so long as the application includes the purchase price, date of purchase, and a signature by the automobile dealer.
Mr. Jensen received the records from the Treasurer’s Office on September 25, 2023 after some confusion regarding his email address was corrected. There were several communications over the next two days between the Treasurer and Mr. Jensen in which he expressed his dissatisfaction with the information that had been provided to him. On September 28, 2023, Ms. Voss responded to Mr. Jensen that he had received all of the responsive documents available from the Treasurer’s office.
Upon further investigation by the Treasurer’s office, title to the third vehicle was discovered in Pottawattamie County. An assignment of the title to Mr. Jensen was indicated on the title. However, an affidavit of correction was also filed indicating that the assignee did not accept delivery of the vehicle. No bill of sale was found in Iowa for this vehicle, and it does not appear that a title transfer was processed in the state. While not part of Mr. Jensen’s original request, these documents were provided to Mr. Jensen in person at the Pottawattamie County Treasurer’s office on October 5, 2023.
Law
“Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record.” Iowa Code § 22.2(1).
Analysis
IPIB staff reviewed the record request, emails communications between Mr. Jensen and the Treasurer’s office, and the records provided to Mr. Jensen. Mr. Jensen was provided the requested records twenty-three days from the date he made his request and nine days from the date he claims the violation occurred. He received the records on the same day he filed this complaint.
Mr. Jensen was provided with documents that equate to a bill of sale for two of the three vehicles he requested. Additionally, he was provided with documentation regarding the third vehicle, even though there was no transfer of title completed in the State of Iowa. The Treasurer’s Office has no further responsive documents.
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.
The Treasurer was responsive to the request and provided all records available to Mr. Jensen.
IT IS SO ORDERED: Formal complaint 23FC:0094 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The County Treasurer did not violate Iowa Code chapter 22.
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 November 16, 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.