23FC:0126 Traci Stillwell/Hampton Public Library - Final Report

Date:
10/17/2024

Subject:
Traci Stillwell/Hampton Public Library - Final Report

Opinion:

The Iowa Public Information Board

Traci Stillwell filed formal complaint 23FC:0126 on November 19, 2023, alleging the Hampton Public Library (“Library”) violated Iowa Code chapter 22 on November 14, 2023.

Ms. Stillwell alleges she submitted a public records request on October 22, 2023, to the Library and received an estimate for fees that were not reasonable or actual estimates.

Ms. Stillwell records request included the following, “I would like copies of all correspondence, both written and digital including any and all social media platforms, emails, and text messaging between you and the members of the Hampton City Council, City Manager, Iowa Library Association, The American Library Association, members of press i.e.: news outlets, newspapers, radio, correspondence with directors of other public libraries, present and past Board of Trustees including the board president, employees of the Hampton Public Library, The Hampton Iowa City Attorney, and with any individual who has challenged a book in Hampton Public Library from January 1, 2023 to present day.”

Ms. Stillwell alleges she received a reply from the Library on October 26, 2023 which included an initial estimate of the fees, but with the possibility of additional, open-ended fees. She responded to the library following a conversation with the Iowa Public Information Board on November 3, 2023. A letter was sent to the custodian of the records the same day asking for further explanation of the fees. She received no correspondence in reply from the custodian.

Ms. Kim Manning, Librarian for the Library provided a response. Ms. Manning provided the following estimated fees to Ms. Stillwell. Upon review of the request, the IT firm estimated the work would take approximately four hours at a rate of $75.00 per hour ($300 total). She stated that Ms. Stillwell did not object to this expense.  Ms. Manning also provided an estimate of $300 per hour for the review of the requested records by the Library’s local counsel.  Ms. Manning states that she is unable to provide additional estimates of fees until the materials are retrieved, how much of it needs to be reviewed by counsel, and how much time it will take.

In a response to the Library, Ms. Stillwell questions the estimate of an IT professional needing four hours to retrieve these records. She also believes reasonable fees should not include attorney fees to verify compliance for the release of requested records. She disagrees that the request would include any confidential information. She also states that a total fee must be agreed upon prior to the records retrieval process.

IPIB staff attempted to work with the parties to put together a reasonable estimate for the records request. Ms. Manning was asked to work with her IT people to determine the number of records used in determining the initial estimate of four hours. Based on this number the Library’s counsel, Ms. Rosenberg was asked to determine an estimate for the time and fees to review and redact the records.

During the course of these conversations, it was discovered that the Library had only 30 days of emails available on Ms. Manning’s computer and no one has been able to locate where Library emails are hosted and stored. Apparently, the emails are set to automatically delete after 30 days. The Library does not have access to the server and are unclear as to who is hosting the server.

At this juncture, after several meetings with the parties, the matter has not been resolved and more questions have been raised regarding the Library’s emails and response to a records request. Ms. Manning has retired from the Library and attempts to resolve these questions and obtain updates and information from the Library have been fruitless. At this time, it is unclear if the requested records exist or if they can be recovered.

The formal complaint was accepted by the IPIB on April 18, 2024.

Pursuant to Iowa Code §23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:

1. The Hampton Public Library Board will acknowledge at an open meeting that there are sufficient facts to show that the Library has failed to provide public records requested within a reasonable time and failed to provide a complete estimate of fees  pursuant to Iowa Code chapter 22. This acknowledgement shall be recorded in the minutes of said meeting and minutes shall be provided to the City of Hampton and the IPIB.
2. The Hampton Public Library will identify the location, quantity, and availability of the public records requested by Ms. Stillwell. A report reflecting this information will be provided to Ms. Stillwell and the IPIB.
3. All available records, except those identified as confidential shall be provided to Ms. Stillwell at no cost.
4. The Hampton Public Library Board will draft and adopt a policy regarding responding to public record requests.  This policy will comply with Iowa Code chapter 22 and shall be reviewed and approved by IPIB staff.
5. The Hampton Public Library Board shall approve this resolution during an open meeting and include the full text in the minutes of said meeting.      Said minutes shall be provided to the IPIB.

The terms of this informal resolution will be completed within 30 days of acceptance by all parties and approved by the Iowa Public Information Board.  Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.

Ms. Stillwell approved the informal resolution on May 15, 2024.

Wendy Lamos, President of the Hampton Public Library Board approved the informal resolution on May 15, 2024. 

The IPIB approved the informal resolution report on June 27, 2024.

The Library worked with the state of Iowa employee, Jerry Balmer, to retrieve the emails requested. This took approximately eight weeks. Upon receipt of the emails, the new Library director, Suzy Knipfel, worked with a local computer repair person to install a program on her computer allowing the emails to be viewed. See affidavit of Ms. Knipfel.

Once reviewed, all non-confidential emails retrieved were provided to Ms. Stillwell. Ms. Stillwell believes there are additional emails she should have received, but all retrievable emails have been provided. Ms. Stillwell believes there should also have been existing text messages, but the Library, through counsel confirmed no text messages existed.

All other terms have been met. IPIB should dismiss this complaint as resolved.

Respectfully submitted,

________________________________

Erika Eckley
Executive Director