Date:
06/17/2021
Subject:
Christie Sullivan/City of Van Meter - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Cristie Sullivan, Complainant And Concerning: City of Van Meter, Respondent |
Case Number: 21FC:0034
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On April 25, 2021, Cristie Sullivan filed formal complaint 21FC:0034, alleging that the City of Van Meter (City) violated Iowa Code chapter 22.
Ms. Sullivan alleged that she requested copies of records on April 10, 2021, “that include any information pertaining to Cristie Sullivan, Brandynn Boren, and the property located at 115 Progress Dive, Van Meter, IA 50261.”
On April 19, 2021, the City released the requested records, including photographs, documents, and emails. One email in the released records had a portion of the record redacted, as the city council member in possession of the record stated that the sender of the message had asked to be kept confidential and the council member had agreed to this request (see Attachment A).
Ms. Sullivan alleged that she then requested the unredacted version of the record, as well as a screen shot of the Facebook message received by the council member. The City responded that the redactions were made as the information was confidential pursuant to Iowa Code section 22.7(18).
The City responded to the complaint on May 3, 2021. The response noted that the record request was properly fulfilled and cited Iowa Code section 22.7(18)(b), which requires the release of certain parts of a confidential record:
b. Information contained in the communication is a public record to the extent that it can be disclosed without directly or indirectly indicating the identity of the person outside of government making it or enabling others to ascertain the identity of that person.
In other words, the release of the redacted email from the council member addressing the communication made by “a lady who messaged me on FB” provides the information from the Facebook message that must be released from an otherwise confidential document.
The City added that the Facebook page referenced by the council member does not meet the definition of a public record as defined by Iowa Code section 22.1(3)(a) as it is not “stored or preserved in any medium, of or belonging” to the City.
Iowa Code section 22.7(18) states the following record is confidential:
18. Communications not required by law, rule, procedure, or contract that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. As used in this subsection, “persons outside of government” does not include persons or employees of persons who are communicating with respect to a consulting or contractual relationship with a government body or who are communicating with a government body with whom an arrangement for compensation exists.
The IPIB has provided guidance for interpreting this section in previous advisory opinions and orders:
The IPIB has reviewed this section and provided the following opinion on its interpretation in IPIB AO 2017-09:
A communication to a government body can be kept confidential under Iowa Code section 22.7(18) only if all of the following exist:
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The communication is not required by law, rule, procedure, or contract.
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It is from identified persons outside of government.
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The government body could reasonably believe those persons would be discouraged from communicating with government if the information was made public.
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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.1
Reviewing the information provided by the complainant and the City, as well as the record at issue, the four elements outlined above have been met. The document could be withheld as confidential pursuant to Iowa Code section 22.7(18). The City properly applied subsection 22.7(18)(b) in releasing the redacted record. The personal Facebook message requested would not be a public record as defined by Iowa Code section 22.1(3)(a).2
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0034 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 June 17, 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. See also IPIB AO 2018-15.
2. Both parties also mentioned other issues that are not subject to Chapters 21 and 22.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2021, to:
Cristie Sullivan
Kyle Michel, city administrator for the City of Van Meter