23FC:0021 Sam Ellis/Warren County - Dismissal Order

Date:
04/20/2023

Subject:
Sam Ellis/Warren County - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

Mr. Ellis filed formal complaint 23FC:0021 on February 15, 2023, alleging that the County of Warren (County) violated Iowa Code chapter 22.

Mr. Ellis alleges that on January 30, 2023, he sent a request to the following County officials: Julie Daugherty (Treasurer), Janet Bruce (Assessor), Mark Snell (Supervisor), Crystal Mcintyre (Supervisor), Darren Heater (Supervisor), and Dawn Bowman (County Attorney) for the following records:

1. The statute that expressly authorizes county government through its agents to apply an ad valorem tax to the non-commercial property commonly known as 8394 Beardsley St., Norwalk, IA 50211.
2. The name/names of the Warren County officials responsible for adding 8394 Beardsley St., Norwalk, IA 50211, to the assessment rolls.
3. All emails, text messages, and voicemails regarding any matter whatsoever involving Samuel Roy Ellis or 8394 Beardsley St., Norwalk, IA 50211, from June 2022 to the present, including those that were sent between federal, state, county, or city officials.

On February 17, 2023, the County filed a response to the complaint. It alleges that regarding requests 1, 2, and the text and voicemail portions of 3, the County has no records in its possession that meet these requests. Regarding the request for emails, the County stated it was withholding those emails pursuant to Iowa Code section 22.7(4).[1]

Part of the request at issue in this complaint was identical to a request made by Mr. Ellis in a prior complaint, 22FC:0089. The IPIB determined that with respect to that request, the County was not required to produce a record, and it dismissed the complaint under Iowa Code section 23.8.Wa

The County has stated that it has no records in its possession responsive to Request 2 or any texts or voicemails in response to Request 3. If there are no responsive records, the County has no obligation to create a record.

The County stated that documents responsive to Ellis’s request for emails concerning him dating from June 2022 to the present were protected by Iowa Code section 22.7(4) (attorney work product) and attorney-client privilege.

IPIB has recognized the exemption of attorney-client privileged documents when reviewing public records requests and dismissed past complaints for this reason. Attorney-client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, the Code of Professional Responsibility, and case law.

Neither complaint alleges a violation of Iowa Code chapter 22. Both are without merit.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. These complaints do not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0021 is dismissed as 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 20, 2023.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.

CERTIFICATE OF MAILING

This document was sent on the 17th day of April, 2023, to:

Sam Ellis

Dawn Bowman, Warren County

[1] The initial response to Mr. Ellis’ request stated only Iowa Code section 22.7(4) as a basis for withholding the records as confidential, but in follow up communications with Mr. Ellis on March 15, 2023, the County clarified that the documents were being withheld to protect attorney-client privilege and attorney work product.