Date:
12/19/2024
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:0108 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 November 4, 2024, Charles Kerker filed formal complaint 24FC:0108, alleging the City of Dyersville (City) violated Iowa Code chapter 22.
Facts
On October 25, 2024, Kerker submitted a public records request to the City of Dyersville seeking a purchase and sale agreement entered into between Dyersville Events, Inc. and Colorado Corners, LLC. Kerker previously received the documents from the State of Iowa and believes the City should provide the purchase and sale agreement. This request is similar to a request made by Kerker earlier in October, which resulted in dismissal of the complaint in November.
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. and Colorado Corners, LLC. Dyersville Events, Inc. is an incorporated and not-for-profit 501(c)(3). Colorado Corners, LLC is an Illinois limited liability company. Neither entity meets the definitional requirements of a government body pursuant to Iowa Code Chapter 22 and are not subject to open records under this chapter.
Kerker concludes the document is a public record because the document was previously provided by the State of Iowa. Even if the document is a public record through another government body, such as a Recorder or the Secretary of State, the City is not the lawful custodian of records related to agreements entered into by these entities.
Because the complaint involves private entities that do not fall within the scope of Iowa Code Chapter 22, IPIB does not have jurisdiction of this complaint.
Conclusion
Iowa Code § 23.8 requires 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 this complaint does not meet those requirements.
Specifically, the complaint is legally insufficient as the Dyersville Events, Inc. and Colorado Corner, LLC are not government bodies under Iowa Code § 22.1. Furthermore, the City of Dyersville is not the lawful custodian of the records being sought.
IT IS SO ORDERED: Formal complaint 24FC:0108 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 December 19, 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.