Date:
08/16/2018
Subject:
Josh Scheinblum/City of University Heights - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Josh Scheinblum, Complainant And Concerning: City of University Heights, Respondent |
Case Number: 18FC:0043 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Josh Scheinblum filed formal complaint 18FC:0043 on June 5, 2018, alleging that the City of University Heights (City) violated Chapter 22 of the Iowa Code (public records).
Mr. Scheinblum claimed that the City failed to provide public records pursuant to a request his television station, KCRG, made on March 14, 2018. The request was made for information pursuant to Iowa Code section 22.7(11)(a)(5) concerning the termination of an employee of the City.
Email communications provided by Mr. Scheinblum indicate that a representative from the City responded to the request on March 19, 2018, and stated that the City employee did not resign in lieu of termination, but was terminated “without cause and for no specific reason.” Therefore, additional information pursuant to Iowa Code section 22.7(11)(a)(5) was not required to be released.
This complaint is beyond the jurisdiction of the IPIB in that it was not filed within 60 days of the denial of the record request (March 19, 2018) as required by Iowa Code section 23.7(1).
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. This complaint does not meet all of those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0043 is dismissed as beyond the jurisdiction of the IPIB pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
The IPIB does not issue a ruling on whether Iowa Code section 22.7(11)(a)(5) has been violated.
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 August 16, 2018. 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.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2018, to:
Josh Scheinblum
Steve Ballard, attorney for the City of University Heights