24FC:0045: Arthur Anderson/City of Davenport - Dismissal Order

Date:
09/19/2024

Subject:
Arthur Anderson/City of Davenport  - 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 May 31, 2024, Arthur Anderson filed formal complaint 24FC:0045, alleging that City of Davenport (“City”) violated Iowa Code chapter 22.

Facts

Mr. Anderson alleges the City violated Iowa Code § 22.2 by failing to provide the meta data, specifically the creation date and last modified date on three settlement agreement letters. He alleges the three settlement agreement letter documents are not exempt documents and their meta data is not exempt from public examination.

In response, the City states the three settlement agreement letters were provided to Mr. Anderson. In order to provide the meta data he seeks, the City would have to create a new record. The letters were originally prepared by an attorney for the City. The letters were drafted in a Microsoft Word format, which was saved as a “pdf” when submitted to the parties for their signatures. The settlement documents were signed by the parties and then scanned as an image. The scanned documents with signatures were provided to Mr. Anderson.

Applicable Law

“Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record.” Iowa Code § 22.2.

“When a government body reaches a final, binding, written settlement agreement that resolves a legal dispute claiming monetary damages, equitable relief, or a violation of a rule or statute, the government body shall, upon request and to the extent allowed under applicable law, prepare a brief summary of the resolution of the dispute indicating the identity of the parties involved, the nature of the dispute, and the terms of the settlement, including any payments made by or on behalf of the government body and any actions to be taken by the government body. A government body is not required to prepare a summary if the settlement agreement includes the information required to be included in the summary. The settlement agreement and any required summary shall be a public record.” Iowa Code § 22.13.

Analysis

Mr. Anderson has received copies of the three signed settlement agreement letters he requested. His complaint is solely alleging he should have received meta data regarding “the creation date and last modified date” for each of these documents.

The City has stated the original drafting of the settlement letters prepared in Microsoft Word were done by an attorney. Drafts of these letters would be confidential under Iowa Code § 22.5(4) as work product of an attorney. The letters are for settlement of claims against the City so they would qualify as “[r]ecords which represent and constitute the work product of an attorney, which are related to litigation or claim made by or against a public body.”

The documents were printed into “hard copy” and physically signed by the parties. The signed documents were scanned. This created an image of the record. The settlement documents became public records at the time the letters constituted “final, binding, written settlement agreement[s] that resolve a legal dispute.” Iowa Code § 22.5(4). 

The public records of the settlement are the physical, signed “hard copy” versions of the settlement letters. These letters were scanned. The scanned copies were provided to Mr. Anderson. These scanned copies do not include “meta data regarding ‘the creation date and last modified date.’” Because this “meta data” does not exist, there is no record matching this request from Mr. Anderson. There is no violation of Iowa Code chapter 22.

Conclusion

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.

The public records requested were settlement letters that became public records once the agreement was final and binding. The document was a physical printed and signed document that does not contain the meta data sought by Mr. Anderson. The City is not required to create a document that does not exist.

IT IS SO ORDERED:  Formal complaint 24FC:0045 is dismissed as it is 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 September 19, 2024.  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.