Washington County attorney faces recommended $1,000 fine

WASHINGTON, Iowa - An administrative law judge has recommended Washington County Attorney Larry Brock pay a $1,000 fine for knowingly violating Iowa's open records law.

'This penalty is based on respondent's unreasonable delay of 94 days to respond to a public records request,” Margaret LaMarche said in a 12-page ruling issued Monday.

The Iowa Public Information Board, which charged Brock May 30 with breaking Iowa's Open Records Law, will review LaMarche's decision in closed session Sept. 18. If neither the board nor Brock appeals the ruling, it will become final Oct. 9.

Brock is accused of waiting 94 days to provide public records to Robert Bellmer, a Washington County park ranger who was fired Jan. 27. Bellmer used Iowa's Open Records Law, Iowa Code Section 22.2, to seek correspondence between Brock and Conservation Board members from Nov. 1, 2013, through March 1, 2014.

Brock told LaMarche at an Aug. 21 hearing the legal demands of his office kept him too busy to respond to Bellmer's request for more than three months.

Johnson testified she emailed Brock at least four times between April 15 and May 16 and left at least one voice mail. In the May 16 email, she warned Brock that he had until May 27 to provide Bellmer with the respond or the IPIB would file charges.

Brock did not provide the records until June 6.

'Although Respondent no doubt has a very busy schedule as county attorney, timely complying with the records request was also an important part of his official duties,” LaMarche wrote. 'Respondent's delay of 94 days in responding to the records request was clearly unreasonable, especially in light of the prompts and reminders sent by Margaret Johnson.”

An open records violation carries a civil penalty of up to $500, but the penalty for 'knowingly” violating the law ranges from $1,000 to $2.500. Brock argued Aug. 21 it was not a knowing violation and asked LaMarche to limit any fine to $500.

Brock lost the June Republican primary and will leave office at the end of the year.

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