24FC:0056 Steven Asche/City of Eagle Grove - Final Report

Topics:

Formal Complaints

Date:
12/19/2024

Subject:
Steven Asche/City of Eagle Grove  - Final Report

Opinion:

The Iowa Public Information Board

In re the Matter of:

Steven Asche, Complainant


And Concerning:

City of Eagle Grove,  Respondent

Case Number:  24FC:0056

Final Report

              

Complaint 24FC:0056 was opened on June 25, 2024, and accepted by the IPIB on September 19, 2024.

Before and throughout the life cycle of this complaint, numerous correspondence and documents moved between Asche and the City of Eagle Grove (City). Asche paid for access to records and maintained he had not received numerous records. The City continued to provide access to records after the filing of the Complaint. Due to the complexity of the communications between the parties, IPIB accepted the complaint and worked with the parties to resolve the public records dispute. In addition, IPIB requested a review of the fees charged to Asche to access the public records.

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).

Procedure

On September 19, the IPIB accepted the complaint. Upon acceptance, the parties worked toward an informal resolution agreement.

Asche approved the Informal Resolution on October 30, 2024. The City approved the Informal Resolution on November 4, 2024. In response to the Informal Resolution, the following actions were taken:

  • IPIB staff traveled to Eagle Grove and facilitated a discussion with Asche and City staff and officials regarding outstanding issues. Following the discussion, the City was tasked with presenting a specific set of public records by November 25, 2024.
  • On November 25, 2024, the City provided the required public documents to Asche.
  • Upon receipt, Asche reviewed the documents and provided a list of public records not included. IPIB staff followed up with the City and requested clarification of the outstanding public records.
  • The City provided clarification on December 10, 2024.
  • In addition, IPIB staff obtained a detailed statement of fees charged to Asche for access to public records. Since payment of fees, hundreds of public records have been provided to Asche at no charge. IPIB found the original fees charged to Asche were appropriate and reasonable. This was discussed at the facilitated discussion.

Asche continues to contest procedures used by the City to develop and construct the recreational center, which is the focus of this dispute. Asche’s remaining concerns are either outside the scope of IPIB’s jurisdiction or involve records not included within the current records request. Asche has been encouraged to seek additional records through new public records requests.

All terms of the Informal Resolution have been met. IPIB staff recommends this Final Report be adopted and the complaint be dismissed as resolved.

By the IPIB Deputy Director, 

_________________________

Kimberly M. Murphy, J.D.