Date:
04/15/2021
Subject:
Gavin Aronsen/Des Moines Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Gavin Aronsen, Complainant And Concerning: Des Moines Police Department, Respondent |
Case Number: 21FC:0021
Revised Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Revised Dismissal Order:
On March 9, 2021, Gavin Aronsen filed formal complaint 21FC:0021, alleging that the Des Moines Police Department (DMPD) violated Iowa Code chapter 22 on March 9, 2021.
Mr. Aronsen alleged that on that date, an employee of the DMPD blocked access to the employee’s Twitter social media account. He asked the IPIB to compel the police officer to unblock access to his social media account.
In response, legal counsel for the DMPD stated that the social media account was not an official DMPD account, but was the personal account belonging to that employee. Counsel stated that access to personal social media accounts is not governed by Iowa Code chapter 22, and there was no allegation that a public records request had been made by Mr. Aronsen to the DMPD.
Mr. Aronsen filed a reply providing screen shots from the officer’s social media showing pictures of a police hat and photos of activities featuring the office in his DMPD uniform.
Iowa Code section 22.1(3)(a) defines public records to include “all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision,....” The posts on the social media site are not stored or preserved by the DMPD and do not belong to the DMPD.
Restricting access to personal social media sites is not a violation of public records laws. Posting photos of police activities or commenting upon DMPD activities on a personal social media site does not make the posts public records as defined in Iowa law.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0021 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 15, 2021. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
1. Both parties provided information about the recent trial of a local reporter and whether Twitter access had been curtailed because of the potential that the officer might be called as a witness in the trial. This issue is separate from the determination of whether a violation of public records law has occurred.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2021, to:
Gavin Aronsen
Des Moines Police Department