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20FC:0092

Date: 
10/15/2020
Subject: 
Jean Lewis/Jasper County Board of Health - Dismissal Order
Opinion: 

The Iowa Public Information Board

In re the Matter of:

Jean Lewis, Complainant

And Concerning:

Jasper County Board of Health, Respondent

 

                      Case Number: 20FC:0092

                                  

                              Dismissal Order

              

 

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

 

On September 4, 2020, Jean Lewis filed formal complaint 20FC:0092, alleging that the Jasper County Board of Health (Board) violated Iowa Code chapter 22.

 

Ms. Lewis alleged that on August 24, 2020, she made an open records request for the recording of a Board meeting on August 6, 2020, from the office coordinator for the Board.  She alleged that the Board coordinator told her to pick up a copy of the recording on an external flash drive, download that to her computer, and return the flash drive to the Board.  

 

Ms. Lewis is unwilling to do this due to security concerns with using the Board’s flash drive.  In addition, she alleged that the Board’s failure to post the recording to its website also violated Chapter 22.  She asked that the IPIB require the Board to post all recordings and copies of minutes to its website.

 

Legal counsel for the Board responded to her complaint and stated that the Board has a copy available for Ms. Lewis, or, she could review the recording in person.  The Board does not have the technological means to upload and post the recordings to its website.

 

Ms. Lewis replied to the response by stating, “I refuse to plug a foreign flash drive into my personal device/computer.”

 

Iowa Code chapter 22 does not require a government body acquire a website or post certain records on a website it has.   The records are available for Ms. Lewis to review.  She could bring her own recording or storage device to copy the recording if she has concerns about the security of using the Board’s flash drive.

 

Iowa Code section 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 does not meet those requirements.

 

IT IS SO ORDERED:  Formal complaint 20FC:0092 is dismissed as legally insufficient 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 October 15, 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



 

CERTIFICATE OF MAILING

    

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

 

Jean Lewis

Jasper County Board of Health         


 

Printed from the website on May 18, 2021 at 12:48pm.