Date:
03/16/2023
Subject:
Aaron Siri/University of Iowa - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Aaron Siri, Complainant And Concerning: University of Iowa, Respondent |
Case Number: 22FC:0128
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Aaron Siri filed formal complaint 22FC:0128 on December 20, 2022, alleging that the University of Iowa (UI) violated Iowa Code chapter 22.
Mr. Siri alleged that he filed a request for public records on October 3, 2022 to UI requesting certain emails sent to or received by a named UI employee. On October 14, 2022, UI responded by stating that the records were confidential pursuant to Iowa Code section 22.7(18).
On October 31, 2022, Mr. Siri requested that UI release the redacted records, as allowed by Iowa Code section 22.7(18)(b). On November 28, 2022, the redacted records were released. UI withheld some records on the basis that they were confidential pursuant to Iowa Code section 22.7(65).
UI responded to this complaint on January 6, 2023. At that time, UI released additional records that had not previously been released. Legal counsel for UI argued that Iowa Code section 22.7(65) would apply, using an interpretation of this code section that differs from the IPIB’s analysis of this code section.
Iowa Code section 22.7(18) states that certain communications to a government body are 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 22.7(65) states that some preliminary or research material is confidential:
65. Tentative, preliminary, draft, speculative, or research material, prior to its completion for the purpose for which it is intended and in a form prior to the form in which it is submitted for use or used in the actual formulation, recommendation, adoption, or execution of any official policy or action by a public official authorized to make such decisions for the governmental body or government body. This subsection shall not apply to public records that are actually submitted for use or are used in the formulation, recommendation, adoption, or execution of any official policy or action of a governmental body or government body by a public official authorized to adopt or execute official policy for the governmental body or government body.
IPIB staff requested copies of the unredacted records to review confidentially pursuant to Iowa Code section 23.6(6). Upon review of the confidential records, IPIB staff determined that the withheld records should be redacted and released. IPIB staff determined that UI’s analysis of Iowa Code section 22.7(65) does not conform to the analysis adopted by the IPIB in formal opinion AO 2015-01.
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 meets the necessary requirements for acceptance.
IT IS SO ORDERED: Formal complaint 22FC:0128 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to negotiate an informal resolution pursuant to Iowa Code section 23.9.
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 March 16, 2023. 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
CERTIFICATE OF MAILING
This document was sent by electronic or U.S. postal mail on the ___ day of March, 2023, to:
Aaron Siri
Gay Pelzer, legal counsel