24FC:0053: Blakes Jones/City of Eldora - Informal Resolution Report

Topics:

Formal Complaints

Date:
09/19/2024

Subject:
Blakes Jones/City of Eldora  - Informal Resolution Report

Opinion:

The Iowa Public Information Board

In re the Matter of:

Blakes Jones, Complainant


And Concerning:

City of Eldora,  Respondent

Case Number:  24FC:0053

 Informal Resolution Report

              

Blakes Jones filed formal complaint 24FC:0053 on June 18, 2024, alleging that the City of Eldora (City) violated Iowa Code Chapter 22 between the dates of June 13, 2024, and June 18, 2024. 

Mr. Jones states that he went to the Eldora City Hall on June 13, 2024, and requested public records relating to an incident involving his employment. He spoke with City staff and was directed to the City’s designated attorney for the records request.

On the same date, Mr. Jones contacted the City’s attorney. The attorney responded that he was not an employee of the City or a lawful custodian of records and redirected Mr. Jones back to the City. 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. 

Upon the filing of this Complaint, the City responded to Mr. Jones through counsel. The City’s response indicated that the City responded to a request from Mr. Jones in April, that the City’s attorney is not the lawful custodian of the records, and that the City or the Iowa Law Enforcement Academy would be the lawful custodian of records.

The IPIB reviewed and accepted the formal complaint on August 15, 2024.

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).

Informal Resolution Report

Pursuant to Iowa Code § 23.9, the parties have agreed to the following terms and have executed an agreement (Informal Resolution) indicating consent to be governed by these terms:

  1. The City will acknowledge and respond to the public records request made by Mr. Jones on June 13, 2024.
  2. The City’s response will state the following in regards to each record requested:
  3. Whether the City has custody of the lawful records; and
  4. Whether the records can be released as public records or whether they are confidential.
  5. Any records that can be released as public records will be provided to Mr. Jones free of charge.
  6. The City will provide a clear justification for any records that cannot be released as public records. An example of a clear justification is as follows: This record is confidential pursuant to Iowa Code Chapter 22.7(4) because it constitutes the work product of an attorney, which is related to litigation or a claim made by or against a public body.
  7. If the City is not the lawful custodian of any records requested, the City will direct Mr. Jones to the proper lawful custodian if the lawful custodian is known to the City. 

The terms of the Informal Resolution will be completed within 30 days of acceptance by all parties. Upon showing of proof of compliance, the complaint will be dismissed as successfully resolved.

Mr. Jones approved the Informal Resolution on August 27, 2024.

The City of Eldora approved the Informal Resolution on August 29, 2024.

The IPIB staff recommend that the IPIB approve the Informal Resolution Report.

By the IPIB Deputy Director, 

_________________________

Kimberly M. Murphy, J.D.