Subject:
Adam McCall/City of Elk Horn - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Adam McCall, Complainant And Concerning: City of Elk Horn, Respondent | Case Number: 23FC:0125 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 17, 2023, Adam McCall filed formal complaint 23FC:0125, alleging that City of Elk Horn violated Iowa Code chapter 22.
Facts
Adam McCall alleges that he requested records on October 27, 2023, and the City had not replied or acknowledged the request.
In response, the city, through their attorney, stated that the city had identified 86 records that were not confidential or closed session records that would be released upon payment of the costs by Mr. McCall.
The parties agreed to work to ensure the record requests were addressed and completed.
Applicable 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.” Iowa Code § 22.2(1).
Analysis
After this Complaint was filed, the parties agreed to work together on the records request. IPIB staff continued to monitor the status of the matter. Completion of the request took some additional time due to some technical issues with audio files. On January 8, 2024, Mr. McCall confirmed that he had received all of his record requests.
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.
The parties have worked together to complete the records request.
IT IS SO ORDERED: Formal complaint 23FC:0125 is dismissed as it involves an incident that has been resolved.
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 January 18, 2024. 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.