Date:
02/20/2020
Subject:
Nina Curry/Sixth Judicial District Department of Corrections - Probable Cause Report & Final Order
Opinion:
The Iowa Public Information Board
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In the Matter of: Nina Curry, Complainant. and Concerning: Sixth Judicial District Dept of Corrections, Respondent |
Case Numbers: 19FC:0097
Probable Cause Order
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This matter comes before the Iowa Public Information Board (IPIB) on this 20th day of February, 2020, to consider a Probable Cause report.
The probable cause report recommends the IPIB determine that probable cause does not exist to believe that the Sixth Judicial District Department of Corrections (6JDDCS) violated Iowa Code Chapter 22.
The IPIB adopts the findings and conclusions of the probable cause report. Pursuant to Iowa Administrative Rule 497-2.2(4)(b), IPIB determines probable cause does not exist to believe 6JDDCS violated Iowa Code Chapter 22, and therefore dismisses the matter.
So ordered this ____ day of ____________, 2020.
_____________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _____ day of __________, 2020, to:
Nina Curry, Complainant
​Nick Siefert, Assistant Attorney General, Attorney for Respondent
Before The Iowa Public Information Board
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In the Matter of: Nina Curry, Complainant. and Concerning: Sixth Judicial District Dept. of Corrections, Respondent |
Case Numbers: 19FC:0097
Probable Cause Report
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SUMMARY: Upon further review and investigation, I conclude that there is not probable cause to determine a violation of Chapter 22 occurred.
Background Facts
On June 28, 2019, Nina Curry (Ms. Curry) reported that she met with a representative of Sixth Judicial District Department of Correctional Services (6JDDCS) and requested to see an employees’ manual. The manual Ms. Curry requested had policies and procedures describing the department’s regulations and practices. She alleged that she had not been provided copies. Her complaint with the Iowa Public Information Board (IPIB) was filed on July 28, 2019.
The IPIB accepted the complaint on October 17, 2019. The acceptance was based on the conclusion that policy records existed in data form which could be made available to Ms. Curry.
Pursuant to Iowa Code section 23.9, the parties negotiated, but were unable to reach an informal resolution.
Investigation
I reviewed the entire file including Ms. Curry’s original complaint, the Attorney General’s response, various correspondence, and the previous acceptance order. I also reviewed a number of statutes and Administrative Code sections. These include Iowa Code section 22.3A(2)(c); Iowa Administrative Code section 201-5.15(17A, 22); Iowa Code section 904.602; Iowa Code section 22.7(50); and a December 16, 2019, request for formal investigation by Ms. Curry. I also reviewed an index of several hundred policies and all policies which 6JDDCS determined constituted “confidential materials” within the meaning of Iowa Code section 22.7(50), and Iowa Code 904.602.
While the 6JDDCS delayed offering Ms. Curry the entire policies and procedures manual, the organization later offered her electronic versions of all approximately 1,900 pages at no charge. That is required by Iowa Code section 22.3A(2)(c), because when a public body combines data and public records, it bears the cost of separating public records.
Ms. Curry, and IPIB initially during the course of its initial acceptance review, had concerns why she had received nothing from those records or a list of fees. Assistant Attorney General Molly Weber said 6JDDCS did not know which of the approximately 1,900 pages of policies and procedures Ms. Curry wanted.
Once 6JDDCS realized Ms. Curry wanted all of the records, 6JDDCS was willing to release all of them electronically, except for policies deemed confidential under Iowa Code section 22.7(50) and Iowa Code 904.602(10). As of January 31, 2020, 6JDDCS had posted all non-confidential policies at https://sixthdcs.com/policy-manual/. Looking at the lists of policies, 6JDDCS released nearly 150 policies by publishing them online. 6JDDCS emailed Ms. Curry a link to all the posted policies, in addition to a listing of all policies which had changed since June of 2019, and electronic copies of the non-confidential policies which had changed. Ms. Curry also was not charged for the electronic copies. Ms. Curry responded asking for additional copies of several forms, but her original June 28, 2019, records request concerned only policies and procedures, not forms.
Iowa Code section 22.7(50) allows a public records custodian to withhold or redact information from public records which compromise security for an organization. Certainly, some policies relating to incarcerated persons might lead to a security breach if they were released. The 6JDDCS’s attorneys also cited Iowa Code section 904.602(10) as a public records exemption. IPIB has no authority to enforce or interpret Iowa Code section 904.602(10) and should defer to the Attorney General’s interpretation.
On January 31, 2020, 6JDDCS, sent IPIB a list of more than sixty (60) policies it deemed confidential under Iowa Code section 22.7(50), and Iowa Code section 904.602(10).
Ms. Curry’s concern about the ethics of policy modifications is beyond the scope of IPIB’s authority granted in Chapter 23. Furthermore, her original complaint filed on July 28, 2019, dealt with the alleged failure to provide records of policies in existence on June 28, 2019. The alleged policy modifications in October of 2019 did not exist for the records request made on June 28, 2019.
Iowa Code section 22.7(50) allows government agencies to withhold information and records concerning security procedures, emergency preparedness, or information withheld for the protection of life.
Iowa Code section 904.602(10) allows the Department of Corrections to withhold regulations, policies and procedures that govern the internal administration of the judicial district of departments of corrections. Under Iowa Code section 904.602(10), the type of information which judicial districts of the department may withhold includes:
“. . . procedures on inmate control, staffing regulations, emergency plans, internal investigations, equipment use and security, building plans, operation, security, security procedures for inmate staff and visits, and contraband/medicine control.”
Iowa Code section 904.602(10) specifies that policies of that nature fall beyond the scope of public inspection required under Iowa Code section 22.2.
The list of withheld policies [policies which I have also read confidentially under Iowa Code section 23.6(6)] all fall within the categories listed under Iowa Code section 22.7(50) and Iowa Code section 904.602(10).
IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497-2.2(4):
“Board Action. Upon receipt and review of the staff investigative report, and any recommendations, the board may:
- Redirect the matter for further investigation;
- Dismiss the matter for lack of probable cause to believe a violation has occurred;
- Make a determination that probable cause exists to believe a violation has occurred, but as an exercise of administrative discretion, dismiss the matter;
- Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.
Conclusion/Recommendation
There is no probable cause to find a violation of Chapter 22 regarding the failure to disclose any policies and procedures manual. The Department of Corrections, through its counsel, has offered to give Ms. Curry the entire policies and procedures manual with any appropriate redactions required under Iowa Code section 22.7. She also said that the IDOC made changes to the manual in October of 2019, but that is not part of her original complaint. I recommend IPIB dismiss this complaint pursuant to Iowa Administrative Rule 497-2.2(4)(b).
Respectfully submitted this _________ day of _____________________, 2020.
__________________________
Amanda T. Adams
CERTIFICATE OF SERVICE
This document was sent via electronic or regular mail on this _____ day of ____________, 2020, to the following parties:
Nina Curry, Complainant
Nick Siefert, Assistant Attorney General, Attorney for Respondent