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20FC:0050

Date: 
07/16/2020
Subject: 
Clark Kauffman/Iowa Dept. of Inspections and Appeals - Dismissal Order
Opinion: 

The Iowa Public Information Board

In re the Matter of:

Clark Kauffman, Complainant

And Concerning:

Iowa Department of Inspections and Appeals,  Respondent

 

                      Case Number: 20FC:0050

 

                           Dismissal Order

 

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.


On May 20, 2020, Clark Kauffman filed this formal complaint against the Iowa Department of Inspections and Appeals (DIA) alleging a violation of Iowa Code chapter 22.  He alleged that DIA refused to provide access to certain public records he requested on February 14 and 26, 2020.

In his complaint, Mr. Kauffman listed the following as records and information he had not received as follows:

1. The CMS review requested on February 14

2. The emails requested on February 26

3. The information requested on April 2 about preservation of records 

4. A response to his April 20 question

 

Items numbered three and four are requests for answers to questions posed to DIA and not record requests.  The only records included in the complaint are described in items one and two.

 

Legal counsel for DIA responded to the complaint on June 4, 2020.  The response included eight attachments.  The response noted that the records requested were federal documents that DIA had not been authorized to release.  Mr. Kauffman was informed that he should contact the Centers for Medicare & Medicaid Services to acquire the records on February 25, 2020.

 

When Mr. Kauffman did not submit the federal record request, DIA did so on his behalf on May 8, 2020.  On June 1, 2020, those documents were provided to Mr. Kauffman.  More documents were provided on June 16 and 29, 2020.

 

On June 22, 2020, both parties were asked to provide an update as to whether items one and two of the complaint had been released.  Mr. Kauffman did not respond.  On June 29, 2020, DIA legal counsel provided a response which is attached as Exhibit 1.  This was also provided to Mr. Kauffman on that date.

 

All records responsive to the May 20, 2020, complaint have been released.  DIA released records as soon as they were received from the federal agency.
 

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.  The requested records were released as received.

 

IT IS SO ORDERED:  Formal complaint 20FC:0050 is dismissed pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). 


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 July 16, 2020.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

 

By the IPIB Executive Director

 

_________________________________

Margaret E. Johnson, J.D.


1. Since February 14, 2020, and continuing after the filing of his complaint, Mr. Kauffman has requested other records that were not included in this complaint.  For the purposes of this order, only the items listed in his complaint are reviewed for acceptance or dismissal.

 

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the ___ day of July, 2020, to:

 

Clark Kauffman

Iowa Department of Inspections and Appeals, Ashleigh Hackel, legal counsel



 

Printed from the website on August 14, 2020 at 8:46pm.