23FC:0024 Sam Ellis/Iowa Dept of Revenue - Dismissal Order

Date:
04/20/2023

Subject:
Sam Ellis/Iowa Dept of Revenue - 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:

On February 20, 2023, Sam Ellis filed formal complaint 23FC:0024, alleging that Iowa Department of Revenue (IDR) violated Iowa Code chapter 22.

Mr. Ellis alleged that on January 30, 2023, he sent a request via email to IDR for, among other things, “all emails regarding any matter whatsoever involving Samuel Roy Ellis and or 8394 Beardsley St., Norwalk, IA 50211 from June 2022 to present . . . [including] all emails that were not sent to Samuel Roy Ellis, but were sent between Federal, State, County, and or City officials.”

On February 13, 2023, IDR produced 46 emails in response to the request and informed Mr. Ellis that it withheld an additional 27 emails based on attorney-client privilege as codified in Iowa Code section 622.10(1)

Mr. Ellis filed the present complaint, alleging that attorney-client privilege does not allow IDR to withhold the documents.

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.

Further, IDR did promptly release 46 emails to Mr. Ellis pursuant to his request that were not confidential public records. Therefore, the complaint lacks 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. This complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0024 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 11th day of April, 2023, to:

Sam Ellis

John Fuller, Iowa Department of Revenue