Date:
09/19/2024
Subject:
Steven Asche/City of Eagle Grove - Acceptance Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Steven Asche, Complainant
City of Eagle Grove, Respondent | Case Number: 24FC:0056 Acceptance Order
|
|---|
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On June 20, 2024, Steven Asche filed formal complaint 24FC:0056, alleging that the City of Eagle Grove (City) violated Iowa Code chapter 22.
Facts
On April 22, 2024, Mr. Asche requested any and all communications between the City and the Eagle Grove Rec Center. On May 10, the City indicated it would cost $647.65 to produce the public records. Mr. Asche made payment. An initial batch of documents was released on May 17. Mr. Asche states additional documents were not released, and he filed a complaint with IPIB on June 20.
Since the filing of the Complaint, the parties have sent numerous pieces of correspondence and information to IPIB. On July 11, the City indicated everything had been provided to Mr. Asche. On July 22, Mr. Asche indicated he had not received all documents. On this same date, Mr. Asche provided a list of information missing from his request. Some of the requests appear to be public records and others are unclear. On August 9, the City responded again and provided additional information in response to requests and also indicated additional information would be forthcoming. Between August 9 and August 12, the City provided additional information. Mr. Asche maintains he does not have all information requested.
Since the filing of the Complaint, IPIB has received nearly 30 emails and numerous pieces of documentation. Despite requests for an accounting, it is still unclear what has been provided, what has not been provided, and what is confidential.
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. 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.” Iowa Code § 22.2(1).
“In the event expenses are necessary, such expenses shall be reasonable and communicated to the requester upon receipt of the request.” Iowa Code § 22.3(1).
Analysis
This Complaint includes months of correspondence and documents that have moved between Mr. Asche and the City. Mr. Asche paid for access to records and maintains he has not received numerous records. The City continues to provide access to records after the filing of the Complaint.
Because of the complexity of the communications between the parties and the continuing disclosures from the City, it is not possible to determine whether all of Mr. Asche’s requests have been fulfilled. At this time, it is recommended the Complaint be accepted to allow for a focus on a detailed resolution of this matter to ensure all requested records are provided.
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. This complaint meets the necessary requirements for acceptance.
The City has not clearly indicated all public records requests have been fulfilled and a true accounting of the public records requested and provided is not available.
IT IS SO ORDERED: Formal complaint 24FC:0056 is accepted pursuant to Iowa Code § 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).
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 September 19, 2024. 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.