The Iowa Public Information Board
In re the Matter of: Zachary Vulich, Complainant And Concerning: City of Leland, Respondent |
Case Number: 23FC:0120 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 November 13, 2023, Zachary Vulich filed formal complaint 23FC:0120, alleging that City of Leland (“City”) violated Iowa Code chapter 22.
Facts
Mr. Vulich alleges he personally handed a “FOIA REQUEST” to the city clerk, the Mayor, the city attorney, the city superintendent, and the City Council. Upon further communications, Mr. Vulich stated that his request was for the personnel records of the city clerk and city superintendent.
In response to the Complaint, the City provided a copy of an email sent to Mr. Vulich stating that the personnel records were confidential, but that additional information required under Iowa Code 22.7(11) could be provided,[1] but Mr. Vulich never responded to the email.
Upon further investigation and communications with Mr. Vulich and counsel for the City, it was determined that the email sent by the City used an old email address for Mr. Vulich that was no longer valid, so he did not receive it.
Applicable Law
“ Personal information in confidential personnel records of government bodies relating to identified or identifiable individuals who are officials, officers, or employees of the government bodies. However, the following information relating to such individuals contained in personnel records shall be public records:
(1) The name and compensation of the individual including any written agreement establishing compensation or any other terms of employment ….
(2) The dates the individual was employed by the government body.
(3) The positions the individual holds or has held with the government body.
(4) The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held, and dates of previous employment.
(5) The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. For purposes of this subparagraph, "demoted" and "demotion" mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade.”
Analysis
The delay in responding to this records request was caused by sending the City’s response to an inaccurate email for Mr. Vulich. After working with the City and Mr. Vulich, the nonconfidential personnel information sought by Mr. Vulich was provided by the City. IPIB confirmed the information was received by Mr. Vulich.
Conclusion
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.
Mr. Vulich has received the requested records.
IT IS SO ORDERED: Formal complaint 23FC:0120 is dismissed as it involves harmless error 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 December 21, 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.
CERTIFICATE OF MAILING
This document was sent on December 13, 2023, to:
Zachary Vulich
Matt Brick, attorney for city of Leland
[1] The City’s response had some inaccurate analysis under Iowa Code § 22.7(11), but the matter was cleared up and resolved as appropriate under Iowa Code § 22.7(11).