Date:
04/21/2022
Subject:
Doug Weir/City of Ruthven - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Douglas Weir, Complainant And Concerning: City of Ruthven, Respondent |
Case Number: 22FC:0016
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 March 9, 2022, Douglas Weir filed formal complaint 22FC:0016, alleging that the City of Ruthven (City) violated Iowa Code chapter 22.
Mr. Weir alleged that on February 23, 2022, he orally requested “a copy of all posts and comments from Facebook for the months of November and December 2021.” He alleged that he was told on March 1, 2022, that the City did not have any of this information, as the City no longer had a Facebook page.
Legal counsel for the City responded to the complaint on March 10, 2022. Legal counsel confirmed that the City had closed their Facebook page prior to the record request. He added that the City chose to close the page because of inappropriate posts from others that raised concerns about the continued use of this social media.1
Iowa Code section 22.1(2) defines public records as information “stored or preserved in any medium, of or belonging to this state or any county, city, township….” The Facebook posts were not stored or preserved by the City.
Because the City no longer maintains a Facebook page, there are no records within the City’s possession. The posts on the page were always accessible by anyone while the page was active.
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 the necessary requirements for acceptance.
IT IS SO ORDERED: Formal complaint 22FC:0016 is dismissed as legally insufficient and without merit 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 21, 2022. 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, J.D.
1. While the Facebook account was open, anyone could visit the page, post comments, and copy the comments by using a screen shot. The City did not copy the Facebook comments.
CERTIFICATE OF MAILING
This document was sent via. U.S. Mail or by electronic mail on the ___ day of April, 2022, to:
Douglas Weir
David Stein, legal counsel for the City of Ruthven