22FC:0076 Sara Wells/Bettendorf CSD Dismissal

Date:
09/15/2022

Subject:
Sara Wells/Bettendorf Community School District - Dismissal Order

Opinion:

The Iowa Public Information Board

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

Sara Wells filed formal complaint 22FC:0076 on August 9, 2022, alleging that the Bettendorf Community School District (District) violated Iowa Code chapter 22 on July 20, 2022.

Ms. Wells provided a copy of an email she sent to the District on July 20, 2022, requesting certain records.  On July 21, 2022, the District representative responded to Ms. Wells to acknowledge the request and to inform Ms. Wells that the District representative would be out of the office through the end of July.

On August 4, 2022, Ms. Wells sent an email to the District questioning why she had not received the records.  She sent another email on August 9, 2022, and then filed this complaint about an hour and a half later.  The records were provided to Ms. Wells on August 10, 2022.

The IPIB informed the District that the complaint had been filed on August 17, 2022.1  Legal counsel for the District responded to the complaint on August 31, 2022, with a letter outlining the correspondence between the District and Ms. Wells and 88 pages of exhibits.

Counsel provided an outline of the various contacts between Ms. Wells and the District from June 20, 2022, to August 10, 2022, involving additional requests for records and answers to questions from Ms. Wells during that time period.  It is apparent that the District endeavored to communicate with Ms. Wells frequently and to keep her advised of progress on fulfilling her requests and answering her questions. 

On August 18, 2022, the IPIB issued an advisory opinion concerning the timeliness of responding to record requests (22AO:0004).   Although this opinion was issued after the date of the alleged violation raised by Ms. Wells, the District conducted its communications in the manner recommended by the IPIB:

Communication is essential to determine what specific records are requested.  Based upon the various complaints that have been filed with the IPIB, such communication can easily reduce disagreements over timeliness, review/redaction, and completeness of the record release fulfillment.

A prompt initial acknowledgement from the lawful custodian is the best way to initiate this communication.  Within the first few business days of receipt of the record request, the lawful custodian should contact the requester to acknowledge receipt of the request, provide information on possible fees, and provide a timeline for fulfillment of the record request.

The lawful custodian is expected to make additional contact in the event of a potential delay to discuss possible ways to complete the record request in a timely manner.  Records should be released as they are available, unless the record requester has requested otherwise.2

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 the necessary requirements for acceptance.

IT IS SO ORDERED:  Formal complaint 22FC:0076 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 September 15, 2022.  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

1. Forwarding the complaint to the District was delayed by eight days while additional information was requested and received from Ms. Wells.
2. The advisory opinion also provided an analysis of Iowa law and court decisions concerning the timeliness of responding to record requests.  The full text of advisory opinion 22AO:0004 is available on the IPIB website at https://ipib.iowa.gov/advisory-opinions/22ao0004. 

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of September,  2022, to:

Sara Wells

Wendy Meyer, legal counsel for the Bettendorf Community School Board