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19FC:0138

Date: 
11/19/2020
Subject: 
Jason Clayworth/Des Moines Water Works - Final Report & Order
Opinion: 

The Iowa Public Information Board

In re the Matter of:

Jason Clayworth, Petitioner

And Concerning:

Des Moines Water Works, Respondent

 

Case Number: 19FC:0138

 

Dismissal Order

THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance with the terms of the Informal Resolution.

The IPIB finds that the terms of the Informal Resolution have been completed.

IT IS THEREFORE ORDERED that pursuant to the terms of the Informal Resolution this complaint is dismissed as successfully resolved.

SO ORDERED this 19th day of November, 2020.

________________________________

IPIB Chair

CERTIFICATE OF MAILING

This document was sent by electronic mail on this _____ day of November, 2020, to:

Jason Clayworth, Petitioner
Susan Elgin, counsel for Petitioner
John Lande, counsel for Respondent

 

 

Before the Iowa Public Information Board

In re the Matter of:

Jason Clayworth, Petitioner

And Concerning:

Des Moines Water Works, Respondent

 

Case Number: 19FC:0138

 

Final Report

COMES NOW Zachary S. Goodrich, Legal Counsel for the Iowa Public Information Board (IPIB) and submits this Final Report recommending dismissal of the complaint as successfully resolved through an informal resolution.

On November 26, 2019, Jason Clayworth filed formal complaint 19FC:0138, alleging that the Des Moines Water Works (DMWW) violated Iowa Code chapter 22. The IPIB determined this complaint could have merit due to the possibility of the settlement agreement at issue qualifying as a public record as defined by Iowa Code section 22.13.

The IPIB accepted the formal complaint at its July 16, 2020, meeting.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution.

The parties agreed to and presented the terms of their resolution to the IPIB on October 12, 2020. The IPIB approved the informal resolution at its October, 15, 2020, meeting.

The resolution included a set of stipulated facts, which contained the following terms:

  1. … DMWW does not object to disclosure of the settlement agreement as signed by Mr. Richardson and On Point that is, or was, in its possession to Complainant Jason Clayworth, so long as the Iowa Public Information Board authorizes and directs it to make such a disclosure.
  2. Upon Mr. Clayworth’s receipt of a complete version of the settlement agreement as signed by Mr. Richardson and On Point that is, or was, in its possession to him, Complainant Jason Clayworth agrees that his complaint to the Iowa Public Information Board may be deemed satisfactorily resolved. Redactions are permissible to remove tax ID numbers.

The resolution also included a proposed form of decree, which stated in relevant part:

Based on the foregoing stipulation of facts, IPIB determines that the settlement agreement between On Point and Mr. Richardson is a public record within the meaning of Iowa Code Chapter 22, and as such, orders it to be released to Mr. Clayworth within the next 10 business days.

The Board’s determination is based on the particular facts presented and pursuant to the parties’ agreement that such release will resolve this matter and allow it to be closed upon Respondent’s compliance. Therefore, this order shall not have precedential effect in further proceedings before the IPIB or otherwise limit or effect the rights and defenses of Complainant, Respondent, or others in future matters or contested cases.

The terms of the informal resolution have been successfully completed. The Petitioner provided proof of compliance on October 26, 2020, indicating that the record at issue had been released. According to the terms of the informal resolution, this complaint is satisfactorily resolved and may now be dismissed.

Therefore, it is recommended that the IPIB dismiss this complaint as successfully resolved through an informal resolution.  

Respectfully submitted this 19th day of November, 2020.

________________________________

Zachary S. Goodrich

Legal Counsel

CERTIFICATE OF MAILING

This document was sent by electronic mail on this _____ day of November, 2020, to:

Jason Clayworth, Petitioner

Susan Elgin, counsel for Petitioner

John Lande, counsel for Respondent

Printed from the website on May 18, 2021 at 11:45am.