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‘Too busy’ is no excuse for delay
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Aug. 29, 2014 1:00 am, Updated: Aug. 29, 2014 8:17 am
We doubt that Washington County Attorney Larry Brock would cut much slack to lawbreakers who said they were just too busy to pay a fine or appear in court.
And yet, Brock told a state administrative law judge this month that he was simply too busy to respond to a request for public records from his office. He didn't mean to break the law - it just didn't fit it into his schedule.
Brock is the first official to face charges leveled by the Iowa Public Information Board, created by state lawmakers to investigate cases involving possible violations of open meetings and records laws.
In this case, a former county park ranger who was fired requested five months' worth of correspondence between Brock and the county Conservation Board. It took Brock 96 days to provide those public documents.
Iowa law gives records custodians up to 20 calendar days to respond to a records request, unless legal action is taken to stop the release. And that's just one red flag raised by Brock's actions.
Brock called the request a 'broad overreach” and a 'fishing expedition.” But the law says the reasons for a records request aren't relevant. The request must be fulfilled in a timely manner. A public official's disdain for a request can't factor in.
Brock also was too busy to respond to several emails and a voice-mail message from Margaret Johnson, deputy director of the Public Information Board, who was seeking his response to the charges at issue.
We have no doubt that Brock's schedule was packed. County prosecutors often face overwhelming workloads. But they're also sworn public servants tasked with upholding the law and prosecuting lawbreakers. And Iowa law demands that the public have access to public records. No excuses.
The Public Information Board made the right call in rejecting a plea agreement that would have resulted in a $100 fine. The penalty should be more severe. The board should send a clear message that Brock's conduct should not be repeated.
We called many times for this board to be formed before legislation finally passed in 2012. This case provides clear evidence of its necessity. Without it, this case would still be stuck somewhere in the legal system, with no outcome in sight. Instead, a citizen who faced problems was able to make his case to the board, and now the board is taking action. That's how it's supposed to work.
' Comments: (319) 398-8292 or editorial@thegazette.com.
Washington County Courthouse in Washington, Iowa, on Jan. 26, 2011. (Mary Zielinski, correspondent)
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