Date:
11/21/2024
Subject:
Charles Kerker/City of Dyersville - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Charles Kerker, Complainant
City of Dyersville, Respondent | Case Number: 24FC:0098 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On October 29, 2024, Charles Kerker filed formal complaint 24FC:0098, alleging the City of Dyersville (City) violated Iowa Code chapter 22.
Facts
On October 18, 2024, Kerker submitted a public records request to the City of Dyersville seeking the names of all board members of Dyersville Events, LLC.
The City responded and indicated that Dyersville Events, Inc. does not meet the definition of a government body and is not subject to open records and open meetings law.
In response, Kerker filed this complaint.
Applicable Law
“‘Government body’ means this state, or any county, city, township, school corporation, political subdivision, tax-supported district . . . or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of [chapter 22].” Iowa Code § 22.1(1).
“‘Lawful custodian’ means the government body currently in physical possession of the public record. The custodian of a public record in the physical possession of persons outside a government body is the government body owning that record. The records relating to the investment of public funds are the property of the public body responsible for the public funds.” Iowa Code § 22.1(3).
Analysis
Kerker is requesting records regarding Dyersville Events, Inc. This entity is an incorporated and not-for-profit 501(c)(3). Dyersville Events, Inc. does not meet the definitional requirements of a government body pursuant to Iowa Code Chapter 22 and is not subject to open records under this chapter.
The City and Dyersville Events, Inc. are separate entities. The City is not the lawful custodian of records related to the Corporation.
Because the complaint involves a corporation that does not fall within the scope of Iowa Code Chapter 22, IPIB does not have jurisdiction of this complaint.
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.
Specifically, the complaint is likely legally insufficient, as the City of Dyersville, Inc. is not a government body under § 22.1.
IT IS SO ORDERED: Formal complaint 24FC:0098 is dismissed as it is legally insufficient 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
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Erika Eckley, J.D.