Date:
08/15/2024
Subject:
Blake Jones/City of Eldora - Acceptance Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Blake Jones, Complainant
City of Eldora, Respondent | Case Number: 24FC:0053 Acceptance Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On June 18, 2024, Blake Jones filed formal complaint 24FC:0053, alleging the City of Eldora (“City”) violated Iowa Code chapter 22.
Facts
Mr. Jones alleges he made a public records request from the City of Eldora on June 13, 2024. Mr. Jones alleges he went to the City Hall and requested public records relating to an incident involving his employment. He states he spoke with City staff and was informed he would have to speak with the City’s designated attorney for any records request.
On the same date, Mr. Jones outreached to the City’s attorney. The attorney responded on June 18, 2024, and stated he was not an employee of the City or a lawful custodian of records. The City’s attorney directed Mr. Jones to file a records request at the City Hall.
On June 18, Mr. Jones responded to the City’s attorney indicating he had already attempted to obtain the records through the City. Mr. Jones then filed this Complaint.
Applicable Law
Every person shall have the right to examine and copy a public record. Iowa Code § 22.2.
“Each government body shall delegate to particular officials or employees of that government body the responsibility for implementing the requirements of this chapter and shall publicly announce the particular officials or employees to whom responsibility for implementing the requirements of this chapter has been delegated.” Iowa Code § 22.1(2).
Analysis
It is unrefuted Mr. Jones attempted to obtain public records at the City Hall and was directed to the City’s attorney who then directed Mr. Jones back to the City. There appears to be some confusion regarding who is the lawful custodian of public records and who has the responsibility for implementing the requirements of Chapter 22. The City had responded to a prior request for public records from Mr. Jones in April.
The City may have a valid reason for responding to a request in April and directing the request in June to their attorney; however, the City has not provided a clear explanation as to why neither the City nor the attorney have properly responded to Mr. Jones’ June 13 records request.
Based on the status of the request and that both the City and its attorney responding in a circular fashion to Mr. Jones’ request, he has presented a potential violation of 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. This complaint meets the necessary requirements for acceptance.
The City has not clearly designated who has the responsibility for responding to public records as the lawful custodian pursuant to Iowa Code § 22.1(2) which has resulted in a failure to respond to a public records request.
IT IS SO ORDERED: Formal complaint 24FC:0053 is accepted pursuant to Iowa Code § 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).
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 August 15, 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.