Date:
04/18/2019
Subject:
Troy Purdy/City of Cedar Falls - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Troy Purdy, Complainant And Concerning: City of Cedar Falls, Respondent |
Case Number: 19FC:0033 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On March 29, 2019, Troy Purdy, filed this formal complaint against the City of Cedar Falls (City) alleging that the City had violated Iowa Code chapter 22.
According to Mr. Purdy’s complaint, on March 25, 2019, Mr. Purdy filed a public records request for personnel records from an investigation of Mr. Purdy. The request was denied on March 26, 2019.
Following notice of the complaint, the City attorney responded on April 1, 2019, and stated that the records were not released pursuant to Iowa Code section 80F.1(9), which only requires the release of these records when an investigation results in a removal, discharge, or suspension of the employee. Since the investigation was dismissed as unfounded, the records were not subject to release under this code section.
Counsel also stated that Iowa Code section 23.7(11) defines the investigatory records as confidential records, not subject to release as public records.
Mr. Purdy alleged that the allegation of misuse of sick leave was investigated by a police officer, making the records peace officer investigative reports under Iowa Code section 22.7(5). Since the investigation was considered closed, Mr. Purdy believes that the records are now required to be released as public records.
The IPIB is limited to review of violations of Iowa Code chapter 21 (open meetings) and Iowa Code chapter 22 (public records). Therefore, the IPIB will not dispute the City’s interpretation of Iowa Code section 80F.1(9).
Disciplinary records are considered to be confidential personnel records, as noted by the Iowa Supreme Court in American Civil Liberties Union Foundation of Iowa, Inc. v. Records Custodian, Atlantic Community School District, 818 N.W.2d 231 (Iowa 2012). Iowa Code section 22.7(11)(a)(5) requires the release of information concerning a disciplinary action as a public record when an employee “resigned in lieu of termination, was discharged, or was demoted as the result of disciplinary action….” However, none of these specifically listed events occurred in this case.
Mr. Purdy’s contention that police officer’s investigative reports are automatically available for release when an investigation is closed is inaccurate. The Iowa Supreme Court has determined that police investigative reports “do not lose their confidentiality status when the investigation closes.” (See Mitchell v. City of Cedar Rapids, No. 18-0124, filed April 5, 2019.)
There is insufficient evidence to believe that the denial of the release of these records constitutes a violation of Iowa Code chapter 22.
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 all those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0033 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 April 18, 2019. 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, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2019, to:
Troy Purdy
Kevin Rogers, city attorney for the City of Cedar Falls