Date:
02/20/2020
Subject:
Mari Radtke/Archer City Council - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Mari Radtke, Complainant And Concerning: Archer City Council, Respondent |
Case Number: 20FC:0005
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On January 13, 2020, Mari Radtke filed formal complaint 20FC:0005, alleging that the Archer City Council (Council) violated Iowa Code chapter 22.
Ms. Radtke alleged that the Council is taking action to adopt a resolution to set fees for the review and release of public records. She states that the proposed resolution would set a flat fee of $1.00 per page and a minimum fee of $10.00 for clerk’s time and would require records be sent by certified mail, with the record requestor charged with that mailing cost.
She added that at the meeting on December 9, 2019, the Council approved a motion to hold a public hearing on a proposal to approve a fee of $50.00 per page, plus clerk’s time and certified mailing. No such public hearing has been scheduled.
She asked whether the Council could approve the fee schedule by resolution or if a public hearing is required. She also challenged the legality of the proposed fee schedule.
In response, the Mayor stated that the fee is premised upon the fact that the city of Archer does not have a copy machine, a city hall, or the internet. The part-time clerk must drive to Archer to retrieve the records, then to another town 10 miles away for a total drive of 44 miles (at $0.35 per mile). Copy charges range from $0.50 to $1.25 per page. He added that it is “standard practice locally to mail documents by Certified mail.”
There is no requirement in Chapter 22 that requires a fee policy be approved by City ordinance or resolution. Iowa Code section 22.3(2) does allow a government body to charge the expenses of the examination and copying to the person requesting the records, based upon the actual costs of such. A flat fee does not allow for determination of actual costs. Chapter 22 does not require records to be sent by certified mail. The proposed policy would not allow for in-person examination of a public record.
By accepting this complaint, the IPIB staff, with the assistance of the Iowa League of Cities, can work with the Council to develop a fee policy that meets the requirements of 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 meets those requirements as it relates to the terms of the fee policy.
IT IS SO ORDERED: Formal complaint 20FC:0005 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to reach an informal resolution as required by Iowa Code section 23.9.
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 February 20, 2020. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2020, to:
Mari Radtke
Archer City Council -- Richard Ludeke, mayor, and Micah Schreurs, city attorney
The Mayor is also the local Postmaster. The post office is open four hours per day.