Date:
01/16/2025
Subject:
Michael McPeek/Iowa Department of Corrections - Probable Cause Report and Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Michael McPeek, Complainant And Concerning: Iowa Department of Corrections, Respondent |
Case Number: 24FC:0111 Probable Cause Report and Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Probable Cause Order:
On November 7, 2024, IPIB received formal complaint 24FC:0111 from Michael McPeek, alleging the Iowa Department of Corrections (Department) violated Iowa Code chapter 22. The complaint was accepted via consent by IPIB on December 19, 2024.
Facts
McPeek is an incarcerated individual and is currently in custody of the Iowa Department of Corrections. McPeek requested and was denied access to a copy of the drug testing instructions used by the Department to test incarcerated individuals for illegal substances. McPeek alleges the drug testing instructions are a public record and the Department violated Iowa Code Chapter 22 by refusing to provide the instructions.
The Department responded and requested the IPIB dismiss the complaint. The Department argues the drug testing instructions are not a public record pursuant to Iowa Code Chapter 22. The Department further argues the drug testing instructions are part of an internal investigation used to detect illegal substances and are confidential pursuant to Iowa Code §§ 904.602(2)(k)(10).
Applicable Law
A public record is defined as “all records, documents, tape, or other information stored or preserved in any medium, of or belonging to this state…”
“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).
Analysis
McPeek alleges a violation of Iowa Code Chapter 22 occurred based on the denial of access to drug testing instructions used by the Department. The Department maintains the drug testing instructions in question are not a public record and are exempt from disclosure as an internal investigation pursuant to Iowa Code §§ 904.602(2)(k)(10).
The Department is granted broad authority to govern its internal administration. Iowa Code § 904.602(2)(k)(10) states as follows:
“Regulations, procedures, and policies that govern the internal administration of the department and the district departments, which if released may jeopardize the secure operation of a correctional institution operation or program, are confidential unless otherwise ordered by a court. These records include procedures on inmate movement and control; staffing patterns and regulations; emergency plans; internal investigations; equipment use and security; building plans, operation, and security; security procedures for inmates, staff, and visitors; daily operation records; and contraband and medicine control. These records are exempt from the public inspection requirements in section 17A.3 and section 22.2.” (Emphasis added.)
Based on Iowa Code § 904.602(2)(k)(10), the Department has the ability to exempt as confidential any regulations, procedures, and policies related to internal administration, including internal investigations, inmate control, and contraband control. The drug testing instructions used to detect the use of illegal substances by incarcerated individuals are a procedure governing the internal administration of the Department related to inmate control, internal investigations, and contraband control.
Based on this analysis, IPIB finds the drug testing instructions fall within the definition of Iowa Code § 904.602(2)(k)(10), and are exempt from the public inspection requirements of Iowa Code Chapter 22.
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. The Department has the authority to exempt the drug testing instructions from disclosure based on the authority granted by Iowa Code § 904.602(2)(k)(10).
By the IPIB Executive Director
Erika Eckley, J.D.
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
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Monica McHugh