Date:
02/15/2018
Subject:
Cherie Pichone/Waterloo Community Schools - Informal Resolution
Opinion:
Informal Resolution
17FC:0064
Cherie Pichone and Waterloo Community Schools
On September 18, 2017, Cherie Pichone filed complaint 17FC:0064, alleging that the Waterloo Community School District (School) violated Iowa Code chapter 22 by wrongly withholding records she requested. She requested copies of records generated by the School while investigating an allegation that she had improperly enrolled her child in the school district. The investigation did not indicate that her child was improperly enrolled.
The School stated that all records were released. Ms. Pichone disagreed, stating that she did not receive a ‘log’ of the investigator’s mileage. The School responded that the investigator does not maintain a log and instead receives a monthly stipend for mileage.
The records released also included some redactions. Ms. Pichone challenged the legitimacy of the redactions.
The School responded to the complaint, stating that the redactions occurred to protect the identity of the individual who notified the School of the possible improper enrollment. The rationale for this is Iowa Code section 22.7(18), also known as the whistleblower exemption.
The School noted that the IPIB requirements for using this section have been met as outlined in an IPIB Advisory Opinion:
A communication to a government body can be kept confidential under Iowa Code section 22.7(18) only if all of the following exist:
1. The communication is not required by law, rule, procedure, or contract.
2. It is from identified persons outside of government.
3. The government body could reasonably believe those persons would be discouraged from communicating with government if the information was made public.
4. And, nevertheless, the information can still be released if the person communicating with government consents to its release or if it can be released without identifying the person. (IPIB Advisory Opinion AO 2017-09)
The informant was not an employee of the School and did not consent to a release of identity. The communication was not required to be made.
(NOTE: It was initially thought that he School also retained additional records generated during the investigation, citing Iowa Code section 22.7(65), the ‘draft’ exemption. Upon further review by counsel, it was determined that no such records ever existed.)
There was no allegation that Iowa Code section 22.7(1), personal records regarding a student, applied to the redacted or withheld records.
The IPIB accepted the complaint on November 9, 2017. Pursuant to Iowa Code section 23.9, IPIB staff is required to work with the parties to reach an informal resolution.
Pursuant to this section, the parties agree to the following informal resolution:
1. The parties agree to resolve this matter by requesting a confidential review of the redacted records by IPIB staff pursuant to Iowa Code section 23.6(6).
2. The parties agree to accept a determination by IPIB staff as to the appropriateness of the release, withholding, and/or redaction of any records.
3. The parties agree that it is unnecessary to proceed with a contested case alleging a violation of public records laws.
The terms of this informal resolution will be completed within 60 days of acceptance by all parties.
THIS INFORMAL RESOLUTION HAS BEEN REVIEWED AND APPROVED BY THE FOLLOWING:
______________________________________________ _________
Cherie Pichone Date
______________________________________________ ___________
Steven A. Weidner, counsel for Waterloo Community Schools Date
IPIB:
__________________________________ ___________
IPIB Chair Date