Date:
08/20/2020
Subject:
Fred Wilcox/Olmstead Task Force Committee - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Fred Wilcox, Complainant And Concerning: Olmstead Task Force Committee, Respondent |
Case Number: 20FC:0069
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On July 10, 2020, Fred Wilcox filed formal complaint 20FC:0069, alleging that the Olmstead Task Force Committee (Committee) violated Iowa Code chapter 22.
Mr. Wilcox alleged that he requested copies of Committee meeting minutes and a recording of a meeting on May 22, 2020. He received a response on May 26, 2020, which stated that the records would not be released to him as meeting recordings were not released and the minutes had been drafted, but had not been approved.
The Committee representative was notified of the complaint on July10, 2020. The records were released to Mr. Wilcox on July 28, 2020, by Connie Fanselow, Executive Officer - Intellectual and Developmental Disabilities Policy, Division of Mental Health and Disability Services. Ms. Fanselow also informed the Committee chair and staff that the records requested were public records and should not have been withheld.
Mr. Wilcox has not disputed the release of the records he requested. The records were improperly withheld, but Committee staff are now aware that meeting recordings and draft minutes are public records.
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 appears to meet those requirements. However, the complaint has been resolved, and the records released.
IT IS SO ORDERED: Formal complaint 20FC:069 is dismissed as harmless error 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 August 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, J.D.
1. The Olmstead Task Force is a statewide advocacy group charged by executive order to monitor Iowa’s response to the 1999 Supreme Court’s Olmstead decision. The meets the definition of a governmental body pursuant to Iowa Code section 21.2(1((a).
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2020, to:
Fred Wilcox
Iowa Olmstead Consumer Task Force
Connie Fanselow