Date:
09/19/2024
Subject:
Ethan Vorhes/Floyd County - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Ethan Vorhes, Complainant
Floyd County, Respondent | Case Number: 24FC:0048 Dismissal Order
|
|---|
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On June 9, 2024, Ethan Vorhes filed formal complaint 24FC:0048, alleging Floyd County (“County”) violated Iowa Code chapter 22.
Facts
Mr. Vorhes alleges a number of issues regarding drainage district #2 in Floyd County. Of the allegations within IPIB’s jurisdiction, Mr. Vorhes alleges he has requested certified copies of records regarding drainage district #2. He alleges he has not received any communication from the county regarding these records.[1]
In response, the County has stated that public records regarding the drainage district are available through the Auditor’s office and Mr. Vorhes can access the records there.
IPIB staff communicated with Mr. Vorhes regarding the availability of the records at the Auditor’s office, but Mr. Vorhes has insisted he should receive certified copies of the records. Mr. Vorhes’ father did visit the Auditor’s office, presumably on Mr. Vorhes’ behalf.
Questions were raised regarding whether the County has refused to provide the records to Mr. Vorhes father on behalf of Mr. Vorhes. Upon further review, Mr. Vorhes’ father was provided the opportunity to examine and copy records. Instead, Mr. Vorhes states his complaint is that he has not been provided certified copies of the public records pursuant to Iowa Code § 622.46.
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. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record.” Iowa Code § 22.2(1).
Analysis
The County has made available the public records regarding drainage district #2 to Mr. Vorhes in response to his request. Mr. Vorhes’ father has examined and copied records. Mr. Vorhes. however, is demanding he receive certified copies of records under Iowa Code § 622.45. Iowa Code § 622.45 allows for certified copies of records, but does also require a fee for the records. IPIB’s jurisdiction, however, is limited to Iowa Code chapters 21 and 22 and does not include enforcement of Iowa Code chapter 622. Based on the facts of this matter, Mr. Vorhes, through his father, has been granted the right to examine and copy the public records that exist in response to his request. This is what is required under Iowa Code chapter 22. There are no facts establishing any 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 County has stated the records are available for Mr. Vorhes, and through his proxy, he has been granted the right to examine and copy records. Whether Mr. Vorhes has paid for and/or received certified copies of the records requested is beyond the jurisdiction of IPIB.
IT IS SO ORDERED: Formal complaint 24FC:0048 is dismissed as it is without 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), 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.
[1] Mr. Vorhes alleges corruption regarding the drainage district and its oversight. Any issues regarding the governance or maintenance of a drainage district is beyond the jurisdiction of IPIB under Iowa Code chapter 23.