24FC:0094- Ben Lynch /City of Des Moines - Probable Cause Report and Order - Probable Cause Report and Order

Date:
12/19/2024

Subject: 
Ben Lynch /City of Des Moines - Probable Cause Report and Order

Opinion:

The Iowa Public Information Board

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

On November 7, 2024, Ben Lynch filed formal complaint 24FC:0094, alleging the City of Des Moines violated Iowa Code chapter 22.

Facts

Ben Lynch alleges he was blocked from a City Councilmember’s Facebook page and this was a violation of the public records law.

In response, the City stated no records request was ever received from Lynch, so there was no denial of a records request. The City also states the social media account is not a city-controlled account and any information included in the councilmember’s account is likely available on city-controlled social media sites. The City also argues any violation that may occur from blocking an individual on social media is outside the jurisdiction of IPIB to review.

Applicable Law

“The rights of persons under this chapter may be exercised under any of the following circumstances:

1. In person, at any time during the customary office hours of the lawful custodian of the records. ...

2. In writing, by telephone, or by electronic means. The lawful custodian of records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information.” Iowa Code § 22.4

Analysis

Lynch alleges a “block” on a councilperson’s Facebook page is a violation of chapter 22 because he is not able to see the councilperson’s information. Lynch, however, has not made a records request for the information. Iowa Code chapter 22 requires a person to exercise their right to access public records through a request. This request can be in person, in writing, by telephone, or by electronic means.

Until a person exercises their right to access a public record and the request is denied or implicitly denied, there can be no violation of Iowa Code chapter 22. Because no request was made, there is no violation. A “Facebook block” on its own is not a violation of Iowa Code chapter 22.

Because there was no request, there is no need to determine whether the councilperson’s Facebook page is a public record or whether the City would be the proper custodian.

IPIB Action

The Board may take the following actions upon receipt of a probable cause report: 

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

It is recommended the Board dismiss the matter for lack of probable cause to believe a violation has occurred. Lynch has not made a records request for the information in the councilperson’s Facebook page. Without a request, there is no violation of Iowa Code chapter 22.

By the IPIB Executive Director

___________________________________

Erika Eckley

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action: 

• a. Redirect the matter for further investigation;
• b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
• c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
• d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Monica McHugh