The Iowa Public Information Board
In re the Matter of: Todd Oetken, Complainant And Concerning: Iowa Department of Education, Respondent |
Case Number: 23FC:0134
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
Todd Oetken filed formal complaint 23FC:0134 on December 11, 2023, alleging that the Iowa Department of Education violated Iowa Code §22.4 on November 16, 2023.
Mr. Oetken indicates that he made his public record request by phone to the Iowa Department of Education on November 16, 2023 at which time he was directed to file the request online through their website. His record request was to attain the names of the teachers employed at the school in the Anamosa State Penitentiary from 1994-2000.
On November 29, 2023, Mr. Oetken made a call to the Iowa Department of Education since it was the 10th business day after his request had been submitted and the department had not attempted to respond to his request. An email was sent to him the following day by Betsy Lundy from the department. He felt as if they were just passing the buck on his receiving this requested material. Mr. Oetken later found that the person in charge of inmate GED and diplomas was Peggy Long at the department. He claims that Ms. Long also failed to provide him with any assistance, claiming she had no means of obtaining the names of these teachers. Mr. Oetken states that this made no sense to him because the teachers at Anamosa State Penitentiary are certified and licensed with the Iowa Department of Education.
Thomas Mayes, General Counsel, Iowa Department of Education provided a response to this complaint. He stated the Department of Education does not collect the requested records and therefore does not possess records reflective of the request. On November 30, 2023, a Department consultant, Betsy Lundy responded to Mr. Oetken’s request, stating that the Department only collects teacher assignments for teachers who are employed by school districts and accredited nonpublic schools. The consultant suggested that the complainant contact the Iowa Department of Corrections to determine whether they have the records requested. Mr. Mayes also stated that any delay in responding to the request was reasonable to determine whether the records requested do, in fact, exist. The complainant received a timely and accurate response to his request.
Analysis
A records request was made to a governmental body, the Department of Education. The Department investigated whether the records existed within their Department and responded to the requestor they did not possess the records after it was determined they were not the custodian of the records requested. This was communicated to the complainant. It was also communicated in a timely manner. Therefore, the record was unable to be provided and there is no violation of 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.
IT IS SO ORDERED: Formal complaint 23FC:0134 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The Iowa Department of Education did not violate any part of the public records code section.
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 February 15, 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.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the February 7, 2023, to:
Todd Oetken
Thomas Mayes, General Counsel, Iowa Department of Education