Date:
08/18/2022
Subject:
Valerie Close/Vinton Public Library - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Valerie Close, Complainant And Concerning: Vinton Public Library, Respondent |
Case Number: 22FC:0064
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.
Valerie Close filed formal complaint 22FC:0064 on July 4, 2022, alleging that the Vinton Public Library (Library) violated Iowa Code chapter 22.
On May 29, 2022, Ms. Close alleged that she requested a copy of the video footage from a security camera at the Library. When she received no response, she asked again on June 7, 2022, and again on June 26, 2022. She alleged that the first request was sent to the Library, the City of Vinton, the mayor, and the city administrator. The last request was sent to more people.
Legal counsel for the Library responded to the complaint on July 6, 2022. Counsel stated that the City of Vinton was in the process of responding to the last record request. The City of Vinton believed that the Library board was planning to respond. Due to all the turnover at the Library, the City of Vinton requested that legal counsel respond to the record request.
Counsel stated that the security video footage would not be released as the Library considered it to be confidential pursuant to Iowa Code section 22.7(50). He referenced decisions previously issued by the IPIB in support of his analysis.2
Ms. Close replied on July 6, 2022, stating that this confidentiality had been waived because the security camera had been discussed at a public meeting, including where the cameras were located and the area under surveillance.
Legal counsel provided additional comments on July 19, 2022, responding to the comments made on July 6, 2022, by Ms. Close. Counsel stated that the interim director resigned in May 2022 so there was no one to respond to the May 29, 2022, record request.
According to legal counsel, the security cameras capture images of children and minors visiting the Library, at times unaccompanied by adults. If considered public records and released, the safety of these children and other Library patrons would be compromised.
Although the cameras had been discussed in a public setting, video footage had not been released, he added. Information concerning the actual video coverage of the cameras, the quality of the recordings, whether ‘dummy cameras’ were installed, and the timeframes of camera usage had not been publicly discussed. Releasing this information would also compromise the security of the Library patrons and staff.
Legal counsel also argued that the footage, if released, would disclose confidential records protected by Iowa Code section 22.7(13).
Iowa Code section 22.7 provides that certain records “shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information:”
Subsection 22.7(13) states that certain library records are confidential:
13. The records of a library which, by themselves or when examined with other public records, would reveal the identity of the library patron checking out or requesting an item or information from the library. The records shall be released to a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime. The records shall be released only upon a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling.
Subsection 22.7(50) protects certain security records, including security camera footage:
50. Information and records concerning physical infrastructure, cyber security, critical infrastructure, security procedures or emergency preparedness information developed, maintained, or held by a government body for the protection of life or property, if disclosure could reasonably be expected to jeopardize such life or property.
a. Such information and records include but are not limited to information directly related to vulnerability assessments; information contained in records relating to security measures such as security and response plans, security codes and combinations, passwords, restricted area passes, keys, and security or response procedures; emergency response protocols; and information contained in records that if disclosed would significantly increase the vulnerability of critical physical systems or infrastructures of a government body to attack.
b. For the purpose of this subsection, "cyber security information and records" include but are not limited to information and records relating to cyber security defenses, threats, attacks, or general attempts to attack cyber system operations.
Both of these subsections, separately and combined, define the security camera footage at the Library as confidential for the reasons stated by legal counsel for the Library. It is not a violation of Iowa Code chapter 22 for the Library to withhold the release of the security camera footage.
Discussing the security cameras in general is not a waiver of confidentiality. Had this footage been previously released in response to a public records request, waiver probably would have occurred.
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:0064 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 August 18, 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
1. According to a July 13, 2022, KWWL News 7 article, the Library had closed due to a lack of staffing. The most recent interim director recently resigned, and two prior directors had resigned in the last two years.
2 See 15FC:0002 (courtroom security camera footage), 19FC:0129 (city council chamber security camera footage), and 17FC:0071 (correctional facility security camera footage)
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2022, to:
Valerie Close
Douglas Herman, legal counsel for the Vinton Public Library