24FC:0053 Jody Phillips, Erin Pedrick, and Tracy Diehl/Pekin Community School District - Final Report

Topics:

Formal Complaints

Date:
11/21/2024

Subject:
Jody Phillips, Erin Pedrick, and Tracy Diehl/Pekin Community School District  - Final Report

Opinion:

The Iowa Public Information Board

In re the Matter of:

Jody Phillips, Erin Pedrick,
and Tracy Diehl, Complainants


And Concerning:

Pekin Community School District,  Respondent

Case Number:  24FC:0053

Final Report

              

Complaint 24FC:0057 was opened on July 9, 2024, and accepted by the IPIB on September 19, 2024. 

The Complainants provided evidence showing a public records request was submitted to the Pekin Community School District (PCSD) on April 25, 2024. The public records request involved public records on private devices utilized by members of the PCSD Board. Specifically, the Complainants requested text messages or screenshots from members of the PCSD Board related to events occurring at specific periods of time. The PCSD indicated they consulted the school’s attorney, took into account any elements of confidentiality, and asked each PCSD board member to review their phones to determine if any records existed in response to the request. Shortly thereafter, a complaint was filed with the IPIB.

Upon the filing of the complaint, counsel for PCSD responded and maintained the PCSD Board did not have any responsive records to provide and a prior IPIB opinion established that Chapter 22 does not provide specific guidance concerning how a lawful custodian retrieves, reviews, and releases public records on private devices.

Procedure

On September 19, the IPIB accepted the complaint to further review the surrounding facts and circumstances and to ensure the PCSD had full knowledge of the requirements related to public records on private devices. Upon acceptance, the parties worked toward an informal resolution agreement.

The Complainants approved the Informal Resolution on October 3, 2024. The Pekin Community School District approved the Informal Resolution on October 15, 2024.

All terms of the Informal Resolution have been met. IPIB staff recommends that this Final Report be adopted and that the complaint be dismissed as resolved.

By the IPIB Deputy Director,

_________________________

Kimberly M. Murphy, J.D.