24FC:0057: Jody Phillips, Erin Pedrick, and Tracy Diehl/Pekin Community School District - Informal Resolution Report

Date:
10/17/2024

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

Opinion:

The Iowa Public Information Board

Complaint 24FC:0057 was opened on July 9, 2024, and accepted by the IPIB on September 19, 2024. This Informal Resolution is adopted in response to the IPIB acceptance of the complaint.

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 responded on May 2, indicating they did not have any public records responsive to the request.

Jody Phillips responded to the PCSD on the same date requesting the procedure used by PCSD to determine there were no records.

The PCSD responded on May 5, indicating 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 position that the PCSD Board did not have any responsive records to provide and that 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.

On September 19, the IPIB accepted the complaint to further review the surrounding facts and circumstances and to ensure that the PCSD has full knowledge of the requirements related to public records on private devices. 

Applicable Law

Iowa Code § 22.2 mandates that every person shall have the right to examine and copy a public record.

A “Public Record” is defined as including all records, documents, tape, or other information stored or preserved in any medium, of or belonging to this state or any county. (Iowa Code § 22.1(3)(a)). Clear precedent exists to establish that “any medium,” as used to define a public record, includes private devices, including personal cell phones. The use of a personal cell phone to record and maintain a public record does not alleviate responsibility to provide a public record upon request. 

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. Each member of the PCSD will use good faith efforts to review and retrieve all public records on personal devices responsive to the public records request. The attorney for PCSD will assist each board member in retrieval and review of the records.
2. Each member of the PCSD will review the following acknowledgement of search of private devices:

This written communication verifies that I have completed a search of my private devices in response to the email sent to me on April 29, 2024, from the Superintendent of the Pekin Community School District. I searched for the following public records:

1. For the period from August 1, 2023, through April 25, 2024 – Text messages from J.J. Greiner or Mike Davis to any other school board member conversing, threatening, indicating, or otherwise stating how a board member should vote on any official school board business.
2. For the period from August 1, 2023, through April 25, 2024 – Text messages from Sherry Bemis or Mike Davis to any other school board member conversing, threatening, indicating, or otherwise stating any displeasure with how that board member voted on an official school board vote.
3. For the period from March 11, 2024, through March 31, 2024 – Text messages, screenshots, or photos from any board member to any other individual sharing information regarding Derek Phillips’ resignation letter and his call for a special board meeting.
4. For the period from March 24, 2024, through April 5, 2024 – Text messages, screenshots, or photos from board members to any other individual sharing a letter (whole or partial) sent to the board members by a parent group.

Private devices searched include my personal cell phone(s), computer(s), email account(s), smart phone(s), or any other private device that contains public records.

I searched these private device(s) for the above requested records to the best of my ability and belief and have provided any materials responsive to this request to the IPIB for review and coordination with the PCSD. 

Upon learning of the above records request on April 29, 2024, I have not deleted or altered any records which may be related to the above records request.

If I should discover any relevant record(s) after this search, I will provide them immediately to the IPIB.

1. Upon review of the acknowledgement, each member of the PCSD will take the following action:
2. Provide an affidavit, under oath or affirmation, in support of the written acknowledgement of search of private devices; or
3. Provide reason(s) why the school board member cannot provide an affidavit in support of the written acknowledgement.
4. The language of the affidavit will include all of the elements of the acknowledgement.
5. Any public records responsive to the request made on April 25, 2024, that are identified during the informal resolution process will be disclosed immediately to IPIB staff. Any records believed to be confidential should be specifically identified as such. Upon review and coordination with PCSD, the records will be provided to the Complainants. All public records provided to the Complainants will be provided free of charge.
6. The PCSD will develop a policy or procedure to govern requests for public records on private devices. This policy or procedure will be provided to IPIB staff.
7. All board members of the PCSD will complete training related to public records. This training will include requirements related to public records on private devices. This training will be arranged by PCSD and may be conducted by IPIB or by the Iowa Association of School Boards. Proof of completion of training for each board member will be provided to IPIB.
8. This Informal Resolution will be formally approved at a meeting of the Pekin Community School District Board.

The terms of the Informal Resolution will be completed within 60 days of acceptance by all parties. Upon showing of proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.

The Complainants intend to approve the Informal Resolution on or before October 15, 2024.

The Pekin Community School District intends to approve the Informal Resolution on or before October 15, 2024.

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

By the IPIB Deputy Director, 

_________________________

Kimberly M. Murphy, J.D.