Date:
11/17/2022
Subject:
Raquel Sanders/Muscatine County - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Raquel Sanders, Complainant And Concerning: Muscatine County, Respondent |
Case Number: 22FC:0108
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.
Raquel Sanders filed formal complaint 22FC:0108 on October 6, 2022, alleging that Muscatine County (County) violated Iowa Code chapter 22 on September 30, 2022.
Ms. Sanders alleged that she asked for an incident report from the County sheriff’s office by telephone sometime between September 22 and 28, 2022.1 She alleged that she was told by the County sheriff’s office that her request was sent to the County attorney for review on September 30, 2022 (according to her written complaint).
The County attorney responded to the complaint on October 14, 2022. He stated that he was advised of Ms. Sanders’ request on September 30, 2022. He added that he directed the release of the incident report on that same date, with medical information redacted.
On October 17, 2022, Ms. Sanders acknowledged that she received the records on September 30, 2022, with medical information redacted. She added that she is a private investigator employed to investigate an individual involved in a child-in-need-of-assistance juvenile court case. She asked for a copy without the redactions for that court case.
Ms. Sanders provided a copy of the redacted Call for Service Record.
Iowa Code section 22.7(2) states that the following records shall be kept confidential:
2. Hospital records, medical records, and professional counselor records of the condition, diagnosis, care, or treatment of a patient or former patient or a counselee or former counselee, including outpatient. However, confidential communications between a crime victim and the victim’s counselor are not subject to disclosure except as provided in section 915.20A. However, the Iowa department of public health shall adopt rules which provide for the sharing of information among agencies and providers concerning the maternal and child health program including but not limited to the statewide child immunization information system, while maintaining an individual’s confidentiality.
In addition, Iowa Code section 22.7(18) also requires the records of certain communications to a government body to be kept 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. Notwithstanding this provision:
a. The communication is a public record to the extent that the person outside of government making that communication consents to its treatment as a public 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.
c. Information contained in the communication is a public record to the extent that it indicates the date, time, specific location, and immediate facts and circumstances surrounding the occurrence of a crime or other illegal act, except to the extent that its disclosure would plainly and seriously jeopardize a continuing investigation or pose a clear and present danger to the safety of any person. In any action challenging the failure of the lawful custodian to disclose any particular information of the kind enumerated in this paragraph, the burden of proof is on the lawful custodian to demonstrate that the disclosure of that information would jeopardize such an investigation or would pose such a clear and present danger.
Iowa Code section 217.30(1)(d) also requires the confidentiality of “Medical or psychiatric data, including diagnosis and past history of disease or disability, concerning an individual” receiving services or assistance from the Iowa Department of Social Services.2 An individual who violates this subsection commits a serious misdemeanor (see Iowa Code section 217.30(8)) or can be liable for damages in an action brought under Iowa Code section 217.31.
If appropriate, the juvenile court could provide a limited release of the redacted record to certain agencies and individuals as provided by Iowa Code section 217.30(5). This would not be a public records release, and, therefore, is beyond the authority of the IPIB to resolve.3
Iowa Code section 22.7(2) and 22.7(18) would both indicate that the redacted information is confidential.
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 those requirements.
IT IS SO ORDERED: Formal complaint 22FC:0108 is dismissed as legally insufficient and beyond the jurisdiction of the IPIB 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 November 17, 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. On October 14, 2022, Ms. Sanders provided screenshots of a cell phone showing calls were made to the County sheriff’s office on September 22, 23, 26, and 28. The actual record request was made orally.
2. The Iowa Department of Social Services (DSS) provides assistance to individuals in child-in-need-of-assistance court actions. Counties prosecute such actions in juvenile court and as a result have access to confidential records generated by DSS.
3. See Iowa Code section 23.1: “The purpose of this chapter is to provide an alternative means by which to secure compliance with and enforcement of the requirements of chapters 21 and 22 through the provision by the Iowa public information board to all interested parties of an efficient, informal, and cost-effective process for resolving disputes.”
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Raquel Sanders
Jim Barry, Muscatine County Attorney