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Trial date set for Coleman District open records request

The March 2017 date is eight months after the request was made

An open records request from residents of the Coleman District seeking to see the district sewer board’s records will have a court date in March 2017, eight months after the request was made.

Coleman residents Dennis Jones and Shannon Ely filed a public information request to see public records of the board — including meeting minutes, financial records, and proof of insurance and bonding.

The formal request was filed July 16. Iowa’s Open Meetings Law gives anyone the right to examine and copy public records, including records of counties, cities, tax-supported districts and other public boards.

By law, requests must be responded to in a reasonable amount of time, which is usually not more than 10 business days, and not to exceed 20 business days.

Representing the board, attorney Eric Eide contends that the July 16 request was not a proper open records request, in documents filed with Webster County District Court.

Attorney Ernest Kersten filed a petition in Webster County District Court on Oct. 12 seeking the records on behalf of Jones and Ely, who are identified as appointed district representatives on their letter to the trustees, after the July letter was not answered.

The sewer board receives funding from both property taxes and utility bills to maintain and repair the sanitary sewers. The neighborhood’s sewer and water systems are connected to Fort Dodge’s, but are overseen by independent boards of trustees.

Kersten’s complaint says board members Joe Eichelberger and Larry Pingel have failed to hold a public meeting since March 2015, and claims they have “failed to provide any form of accounting to the members of Respondent, Coleman Sanitary District.”

The third board member, Melissa Evans, resigned in August 2015 after she said the other board members wouldn’t hold meetings or give her access to the board records. Evans was never replaced.

Jones and Ely have claimed repeatedly that the current sewer board trustees don’t communicate with the people.

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