24FC:0064 Mark Milligan/Monroe County Sheriff’s Office - Informal Resolution Report

Date:
10/17/2024

Subject:
Mark Milligan/Monroe County Sheriff’s Office  - Informal Resolution Report

Opinion:

The Iowa Public Information Board

Complaint 24FC:0064 was opened on July 30, 2024, and accepted by the IPIB on October 17, 2024. This Informal Resolution is adopted in response to the IPIB acceptance of the complaint.

This case involves a missing persons case file opened regarding Harry Dennis Lane Milligan on July 1, 1984. The Complainant, Mark Milligan, is the brother of the missing person.

On May 13 of this year, Mark Milligan requested access to the case file. The request included basic case file information, such as handwritten and typed reports, interview reports, and photographs. The request also included more detailed information, such as DNA results, DNA profiles, and requests and responses regarding adoption records in Iowa and Colorado.

On July 24, 2024, the Monroe County Attorney’s Office responded to Mark Milligan’s request and indicated the disappearance of Henry Milligan was an active investigation and the records would be treated as confidential with the exception of information regarding the date, time, specific location, and immediate facts and circumstances surrounding the crime or incident. In response, Mark Milligan filed a complaint with the IPIB.

IPIB accepted this case on October 17, 2024, to allow the IPIB staff to focus the parties on a resolution of this matter and to ensure requested records, not deemed confidential pursuant to Iowa Code Chapter 22 or other laws, are provided. 

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.” Iowa Code § 22.2(1).

Informal Resolution

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 County has created two case files: The Historical Case File refers to the missing persons case file regarding Henry Dennis Lane Milligan opened in 1984. The New Case File refers to a missing persons case file regarding Henry Dennis Lane Milligan opened after the Historical Case File.
2. The County will provide the Historical Case file to Mark Milligan. If the County refuses to release any portions of the Historical Case File, the County will provide a justification for each record withheld. IPIB staff will review each justification, and the corresponding record, if necessary, to determine whether the justification is legally acceptable.
3. The County will work with IPIB staff to review the New Case File and determine what portions of the New Case File should be released as a public record. If the County refuses to release any portions of the New Case File, the County will provide a justification for each record withheld. IPIB staff will review each justification, and the corresponding record, if necessary, to determine whether the justification is legally acceptable.
4. Upon disclosing all public records responsive to Mark Milligan’s request or providing justifications for withholding the public records, Mark Milligan will provide a clear and concise list of public records he believes have not been provided by the County pursuant to his public records request. IPIB staff will review the final list of public records and determine whether the requested items are public records, whether the public records fall within the scope of the original request, and whether the public records should be released. 
5. The County has the right to redact or maintain as confidential any information subject to the confidentiality requirements provided in Iowa Code Chapter 22. IPIB staff may request to review materials redacted or maintained as confidential to ensure the documents meet requirements outlined in Chapter 22. Any disputes regarding confidentiality will be heard by the Iowa Public Information Board pursuant to a probable cause proceeding.

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

Mark Milligan approved the Informal Resolution on December 5, 2024.

The County approved the Informal Resolution on December 3, 2024.

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

By the IPIB Deputy Director, 

_________________________

Kimberly M. Murphy, J.D.