24FC:0086 Ben Ward/Office of Civil Rights - Dismissal Order

Date:
10/17/2024

Subject:
Ben Ward/Office of Civil Rights - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On September 29, 2024, Ben Ward filed formal complaint 24FC:0086, alleging the Office of Civil Rights violated Iowa Code chapter 22.

Facts

On July 12, 2024, Ben Ward filed formal complaint 24FC:0062, alleging the Iowa Office of Civil Rights (IOCR) violated Iowa Code chapter 22. 24FC:0062 involved seven identifiable allegations and disputes, arising out of multiple different purported records requests.

On September 19, 2024, IPIB found no apparent violation of chapter 22, finding 1) IOCR had fully complied with its statutory obligations as a government body in possession of government records, 2) specific records and information not produced to Ward were properly redacted or withheld in accordance with applicable state law, and 3) unanswered requests for information fell outside the scope of chapter 22 public records. All of Ward’s other violations were dismissed as either speculative, lacking probative evidence, or irrelevant to IPIB’s analysis.

On September 29, 2024, following the dismissal of 24FC:0062, Ward filed this complaint 24FC:0086, which arose out of the same dispute. In this complaint, Ward alleges the respondents violated Iowa Code chapter 22 by “unlawfully unredacting and disclosing portions of ‘Exhibit 1’ in [24FC:0062].”

This complaint refers to a formal response letter submitted by Assistant Attorney General Katie Fiala to IPIB on August 12, 2024, during the course of IPIB’s investigation into the complaint. In support of IOCR’s response, Fiala attached Exhibit 1 as an example. Significant portions of the exhibit were redacted. Ward alleges the release of Exhibit 1 to IPIB violated Iowa Code § 22.7(18), which addresses the confidentiality of incoming communications from persons outside of government. This same complaint was raised by Ward on September 16, 2024, in an email relating to the prior case, 24FC:0062.

Applicable Law

Upon receipt of a complaint alleging a violation of chapter 21 or 22, the board shall do either of the following:

…

Determine that, on its face, the complaint is outside its jurisdiction, is legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court. In such a case the board shall decline to accept the complaint. If the board refuses to accept a complaint, the board shall provide the complainant with a written order explaining its reasons for the action.

Iowa Code § 23.8.

Analysis

Formal complaint 24FC:0086 alleges the IOCR violated chapter 22 by unlawfully disclosing unredacted portions of the document entitled “Exhibit 1” to IPIB in the course of responding to complaint 24FC:0062. Iowa Code § 23.6(6) provides IPIB may examine the records of a government body that are the subject matter of a complaint, including confidential records, and all records provided to IPIB “shall continue to maintain their confidential status.” Exhibit 1 was disclosed to IPIB in the context of IOCR’s response to the complainant’s contention that IOCR was in violation of chapter 22. 

This Complaint is an extension of the previous complaint, 23FC:0062, that was dismissed by IPIB after thorough investigation. Iowa § 23.8(2) provides IPIB may dismiss a complaint which “relates to a specific incident that has previously been finally disposed of on its merits by the board or a court.” The allegations presented by the complainant in the present formal complaint were previously considered and disposed of on their merits in 24FC:0062. 

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. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 24FC:0086 is dismissed as legally insufficient or relate to an incident that has previously been finally disposed of on its merits pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). 

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 October 17, 2024.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.