Date:
06/27/2024
Subject:
Keegan Jarvis/City of Swan - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Keegan Jarvis, Complainant
City of Swan, Respondent | Case Number: 24FC:0014 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Facts
Keegan Jarvis filed formal complaint 24FC:0014 on February 6, 2024, alleging that the Swan City Council (“City”) violated Iowa Code chapter 22 on January 11, 2024.
Mr. Jarvis alleged that at Swan City Council meeting on January 9, 2024, he provided the city with a public record request. On February 6, 2024, he had not received any answer.
Mr. Nicholas Bailey, attorney for the City, provided a response on February 26, 2024. Mr. Bailey stated Mr. Jarvis had provided a six-page letter to the City that contained questions and record requests. Mr. Bailey was asked by the City to reply to the letter, but he had been delayed due to illness. On February 13, 2024, Mr. Bailey sent a letter to Mr. Jarvis explaining his delay.
He also wrote, “Your six-page request actually contains a lot more than just record requests pursuant to Iowa Code chapter 22. There are a series of itemized questions for the Council and/or Clerk that are more properly categorized as interrogatories or questions of the Council and Clerk. Those are not open records requests.” He went on to ask Mr. Jarvis for a list of documents he was requesting. As of the date of that letter, Mr. Jarvis had not responded to the City’s request for clarification regarding the records requested. Mr. Bailey indicated that the City was prepared to respond as soon as they receive the clarification.
On April 18, 2024, Mr. Jarvis provided clarification to his records request. His request is reflected in (bold type) and Mr. Bailey’s response on April 27, 2024, is in (italics):
1) "If self-insured, please provide documentation of the bond instrument. If the town is insured under contract, please provide the policy information in (long form)?"
*I will consult with the City Clerk and we pull copies of any insurance policies in place for the City and get you a cost estimate for the actual cost of producing those copies.
2) "Pertaining to the consultation of the city’s retained attorney. Are email, audio, or any other records of these conversations available? If so please provide these."
*There are no audio or video records available of any consultations with the city's retained attorney. With respect to emails between the city and the city's retained attorney, those items are confidential attorney-client communications and privileged and specifically excepted from disclosure by Iowa Code Section 22.7(4) to the extent they are attorney work product and related to a claim made by or against a public body.
3) "Pertaining to the Mayor’s conversation with the company providing the roll-off dumpster to Mr. Jarvis. Are email, audio, or any other records of these conversations available? If so please provide these."
*There are no such records in existence in the records of the City of Swan.
On April 29, 2024, Mr. Bailey provided a copy of the insurance policy documents to IPIB and Mr. Jarvis. He stated, “We have now provided all documents in the possession of the city for the three specific requests in your email, save the attorney-client privileged information from emails between the city and council or the mayor.” No further information was provided by Mr. Jarvis.
Analysis
IPIB staff reviewed the allegations and response in this complaint. The City’s delay in responding was due to their attorney’s illness. Communication to Mr. Jarvis was provided when Mr. Bailey was able to return. The City needed additional information from Mr. Jarvis regarding the actual records he was requesting. Once Ms. Jarvis clarified what records he was seeking, the City provide the documents or explained why documents were withheld as confidential. Mr. Jarvis has received his documents. There was no violation of Iowa Code chapter 22.
Conclusion
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 24FC:0014 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
The City provided records requested or explained why records were withheld to Mr. Jarvis. The City did not violate Iowa Code chapter 22.
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 June 20, 2024. 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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Erika Eckley, J.D.
[1] In addition, in relation to IPIB Complaint 23FC training provided by the IPIB to the City Council and staff on May 16, 2024 sufficiently covered Iowa Code chapter 22 that would address any concerns expressed in this complaint.