Date:
10/18/2018
Subject:
Charles Vandenberg/Iowa Board of Educational Examiners - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Charles Vandenberg, Complainant And Concerning: Iowa Board of Educational Examiners, Respondent |
Case Number: 18FC:0078 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On September 17, 2018, Charles Vandenberg filed this formal complaint against the Iowa Board of Educational Examiners (Board). He alleged that the Board violated Iowa Code section 272.13 by withholding record he requested.
Mr. Vandenberg stated in his complaint that he requested “investigative information regarding a decision handed down by the Iowa Board of Education Examiners.” He referenced Iowa Code section 272.13, which he stated protects “documents related to licensee discipline.” He further reported that this section should not apply to his record request because “no discipline was at issue or handed down….”
Dr. Ann Lebo, executive director of the Board responded to his record request that same day, stating that the records requested were confidential under Section 272.13(3). On September 20, 2018, Dr. Lebo explained to IPIB staff by referencing this section, which provides in part:
“All complaint files, investigation files, other investigation reports, and other investigative information in the possession of the board or its employees or agents, which relate to licensee discipline, are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other that the respondent and the board and its employees and agents involved in licensee discipline, and are not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline.”
Dr. Lebo stated that the records requested were related to licensee discipline which are “in essence, requests by the complaining parties that the Board take some form of disciplinary action against the named respondent(s).”
The IPIB defers to the Board’s interpretation of Iowa Code section 272.13(3) and finds that the complaints are not subject to release as public records under Iowa Code chapter 22.
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:0078 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 18, 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 October, 2018, to:
Charles Vandenberg
Ann Lebo, Executive Director, Iowa Board of Educational Examiners