Date:
07/21/2022
Subject:
Frances Mierzwa/Pottawamie County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Frances Mierzwa, Complainant And Concerning: Pottawattamie County Board of Supervisors, Respondent |
Case Number: 22FC: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.
Frances Mierzwa filed formal complaint 22FC:0034 on April 28, 2022, alleging that the Pottawattamie County Board of Supervisors (Board) violated Iowa Code chapter 22.
On April 4, 2022, Ms. Mierzwa emailed Matt Wilber, Pottawattamie County Attorney, with questions concerning a real estate purchase approved by the Board. She asked for assistance with closed session minutes or videos and with copies of appraisals.
Ms. Mierzwa and Mr. Wilber then exchanged emails about the recordings of the Board’s closed sessions concerning the real estate transactions. Mr. Wilber offered to find a copy of the minutes and had identified two possible closed session recordings.
On April 10, 2022, Ms. Mierzwa asked if Mr. Wilber was the lawful custodian of Board records, and he advised her that he is not. On April 11, 2022, he provided information to Ms. Mierzwa for any public record requests she might want to file with the Board.
Mr. Wilber informed Ms. Mierzwa by email on April 19, 2022, that the minutes were available for pick-up and the video would be posted for viewing on the Pottawattamie County website. He said this information would answer her questions concerning the timeline of a specific real estate purchase by the Board.
On April 20, 2022, Ms. Mierzwa asked Mr. Wilber why there were redactions in the videos posted online. He responded on April 26, 2022, that only the portion of the closed session recordings that were completed would be considered public records and available on the website.
Between April 27, 2022 and April 29, 2022, Mr. Wilber and Ms. Mierzwa emailed each other concerning who was the lawful custodian for Board records. Mr. Wilber informed her that the Board was the lawful custodian of its records and provided contact information for record requests.1
Ms. Mierzwa alleged that the videos available online were improperly redacted and requested that the IPIB order full release of the recordings.
Mr. Wilber, as county attorney, submitted a response to the complaint. He stated that a public records request was never made to the Board by Ms. Mierzwa. He provided documentation that he had informed Ms. Mierzwa on more than one occasion on the process to file a record request with the Board. Once she files a public record request, the Board will review the requested records to determine if they will release recordings beyond what was posted on the Board website.
Iowa Code chapters 21 and 22 do not require the posting of public records on a government body’s website. Posting records on a website is not the same as responding to a public records request.
Iowa Code section 21.5(b)(1) specifically states that the “detailed minutes and audio recordings of a closed session shall be sealed and shall not be public records open to public inspection.” There are certain exceptions to this, such as section 21.5(1)(j), which allows minutes and audio recordings to be “available for public examination when the transaction is complete.”2
If Ms. Mierzwa files a public record request with the Board, the Board should follow the statutory requirements of Iowa Code chapter 22 to promptly respond to her record request.
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: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 July 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. There is a link on the Board website that indicates that the Chairperson of the Board serves as the lawful custodian for public records requests and provides information for submission of public record requests: https://www.pottcounty-ia.gov/departments/board_of_supervisors/public_records_request/.
2. If a closed session included discussion of various real estate transactions, only the completed transactions would be available for public examination.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2022, to:
Frances Mierzwa
Matt Wilber, Pottawattamie County Attorney