The Iowa Public Information Board
In re the Matter of: Kelly Smith, Complainant And Concerning: Pleasant Valley School District, Respondent |
Case Number: 24FC:0015 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On February 7, 2024, Kelly Smith filed formal complaint 24FC:0015, alleging that Pleasant Valley School District (“District”) violated Iowa Code chapter 22.
Background
On December 21, 2023, Ms. Smith emailed Superintendent Brian Strusz and requested that he provide a list of all books that had been removed from the District’s libraries pursuant to S.F. 496.
On January 11, 2024, in response to the request, Superintendent Strusz stated that the District has not compiled a list of the books that have been removed pursuant to S.F. 496. Ms. Smith then repeated her request: “Under Iowa Open Records law I am requesting to know the books that have been weeded out of all school libraries from the time frame July 1, 2023, through January 11, 2024.”
Because the District had just stated that it did not possess a record responsive to this request, it did not immediately respond to the Ms. Smith’s second request. On February 7, 2024, Ms. Smith filed this complaint, alleging that the District did not respond to her request.
The District submitted a response to the complaint, stating no responsive records exist. The District also provided the email exchange between Ms. Smith and Superintendent Strusz, which shows the District responded to Ms. Smith’s initial request. Additionally, the District provided an email exchange demonstrating Superintendent Strusz replied to Ms. Smith’s duplicate request on February 19, 2024.
IPIB staff spoke to the attorney for the District to gather more information. Specifically, IPIB staff asked whether individual records of the books that had been removed pursuant to S.F. 496 existed. The attorney for the District confirmed no such records exist. She explained the libraries do not keep records detailing why particular books were removed from their collections. She further explained the procedure for removing books varies from library to library.
Analysis
Ms. Smith alleges the District violated chapter 22 by failing to respond to her request. As detailed above, the District responded to both Ms. Smith’s initial request, as well as the duplicate request she sent after the District responded to the initial request.
The District informed Ms. Smith the record she requested did not exist. IPIB confirmed with the District that no record exists. Chapter 22 does not require a government body to create a record that does not exist.
For these reasons, the complaint lacks merit and should be dismissed.
Conclusion
Iowa Code § 23.8 requires that a complaint be within IPIB’s jurisdiction, appear legally sufficient, and have merit before IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
The District responded to Ms. Smith’s record request. No public record exists. The District is not required to create a public record.
IT IS SO ORDERED: Formal complaint 24FC:0015 is dismissed for lack of merit 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), IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” IPIB will review this Order on March 21, 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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Erika Eckley, J.D.