23FC:0045: James Stratton/Iowa Department of Corrections- Dismissal Order

Date:
07/20/2023

Subject:
James Stratton/Iowa Department of Corrections- Dismissal Order

Opinion:

The Iowa Public Information Board

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

On April 4, 2023, Mr. Stratton filed a second formal complaint, 23FC:0045, which alleges that IDOC violated chapter 22 in response to a separate request of Mr. Stratton’s.

23FC:0045
Background
On March 21, 2023, Mr. Stratton submitted a public records request to IDOC for the staffing levels, particularly correctional officer staffing levels, of each correctional facility from 2016 to the present. He also requested records indicating the number of mandated overtime shifts at each correctional facility from 2016 to the present. IDOC refused to release this information to Mr. Stratton, prompting him to file this complaint.

In response to the complaint, IDOC stated that it was withholding the records pursuant to Iowa Code § 904.602(10). IDOC also noted that it had released the “overall staffing numbers for the past several years” to Mr. Stratton in response to his request, which Mr. Stratton confirmed.

Analysis
The issue is whether the records Mr. Stratton requested are confidential under § 904.602(10). Section 904.602(10) can be divided into two parts. The first part of the statute states that the following records are confidential: “[r]egulations, procedures, and policies that govern the internal administration of the department . . . which if released may jeopardize the secure operation of a correctional institution operation.”

The second part of the statute lists several distinct types of records that fall within its protective scope. Iowa Code 904.602(10) (“These records include . . .” ). “Staffing patterns and regulations” are one type of records that the statute explicitly protects. Id. If the records Mr. Stratton requested are considered to be any one of the various types of records listed in the second part of the statute, then the records are confidential and the complaint lacks merit. However, even if the records are not a type that is listed as explicitly confidential, they may still be confidential if they fit within the general category of records described in the first part of the statute.

It is a criminal offense to disclose information made confidential under § 904.602. Iowa Code § 904.602(11) (“Violation of this section is a serious misdemeanor.”).

Mr. Stratton requested the staffing levels, particularly correctional officer staffing levels, of each correctional facility from 2016 to the present. He also requested records indicating the number of mandated overtime shifts at each correctional facility from 2016 to the present.

These records requested constitute “staffing patterns and regulations.” A “pattern” is “a reliable sample of traits, acts, tendencies, or other observable characteristics of a person, group, or institution.” Pattern, Merriam-Webster. The records requested—the staffing and overtime levels over a period of time for particular correctional institutions—therefore constitute “staffing patterns” because they represent a reliable sample of observable characteristics of an institution (i.e., staffing and overtime levels), and they relate to staffing.

Even if the records at issue are not “staffing patterns,” they still may be confidential if they can be considered “[r]egulations, procedures, [or] policies that govern the internal administration of the department . . . which if released may jeopardize the secure operation of a correctional institution operation.” Releasing the records Mr. Stratton requested may jeopardize the secure operation of a correctional institution through public disclosure of internal policy information related to the current and historical security levels of specific correctional facilities.

Iowa Code § 904.602(10) expressly states that “[t]hese records are exempt from the public inspection requirements in section 17A.3 and section 22.2.” Further, if the records requested are confidential under any subsection of § 904.602, it is a criminal offense to release them. Iowa Code § 904.602(11).

Conclusion
Mr. Stratton requested correctional officer staffing levels and mandated overtime shifts for each correctional facility from 2016 to the present. These records are confidential pursuant to § 904.602(10), which states that, among other things, records of staffing patterns and regulations, as well as any internal policy information that may jeopardize the secure operation of a correctional institution if released, are confidential. Therefore, IDOC is prohibited from releasing the records to Mr. Stratton, as it is a criminal offense to release records that are confidential under § 904.602 without a court order. The complaint should be dismissed. If Mr. Stratton disagrees with the dismissal, he may seek judicial review of this action in the district court.

Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.

IT IS SO ORDERED: Formal complaint 23FC:0045 is dismissed as legally insufficient. pursuant to Iowa Code § 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 July 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.