Date:
04/17/2025
Subject:
Michael Merritt/Jasper County Board of Supervisors - Probable Cause Report and Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Michael Merritt, Complainant And Concerning: Jasper County Board of Supervisors, Respondent |
Case Number: 24FC:0117 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 Report:
On November 27, 2024, Michael Merritt filed formal complaint 24FC:0117, alleging Jasper County Board of Supervisors (County) violated Iowa Code chapter 22.
The IPIB accepted this Complaint on December 19, 2024.
Facts
On November 18, 2024, Merritt requested copies of the “block lists” from the social media accounts of two County Supervisors. Merritt alleges the social media block lists from the Supervisors’ accounts are public records. In a previous complaint filed against the County, the IPIB held the block lists from the County’s Facebook account were public records.[1]
The County disputes the block lists from the Supervisors’ accounts are public records.
Applicable Law
“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.” Iowa Code § 22.2.
Analysis
The question of whether and to what extent the individual employee and elected official social media accounts are public records has been raised before. To address some of the questions, a work group from local and state governments and the media was formed to review the question. The work group developed an advisory opinion, which was approved by IPIB on March 20, 2025.
The advisory opinion states the following:
"An individual can set personal preferences on their social media. This could include notifications, social media accounts the individual chooses to follow, and blocking content or other individual social media users. Social media may also allow an individual to choose to block algorithm-generated posts that may be personally offensive or not in alignment with an individual’s personal beliefs, values, or political leanings. Blocking on Facebook or other social media sites can be a blunt instrument that impacts the entire social media feed and does not allow an individual to designate between potentially governmental public posts and personal posts.
Disclosing a block list or other personal settings of an individual would likely also require disclosure of an individual’s choice of association and preferences. This would likely violate the individual’s personal freedoms of association and/or reveal other personally-identifiable, personal information. Iowa Code § 22.7 makes confidential personal information such as library books checked out by a patron, certain personal information about an employee, gambling treatment program participants, public assistance, etc.
As the Court indicated in Lindke [v. Freed, 601 U.S. 187 (2024)], there is no way to determine the tipping point upon which a private individual’s social media account becomes an official government site. Requiring an individual to disclose a personal block list or other analytics or settings in their social media page would require disclosure of personal and protected information with little benefit to the general public and would not be required under Iowa Code chapter 22 as it would not be a record of or belonging to the government body."
The block lists Merritt is seeking are from personal or mixed-use Facebook pages belonging to two county supervisors. Based on the analysis of the Lindke case and the adoption of the advisory opinion, these social media preferences for personal or mixed-use pages are not public records. Therefore, there is no violation 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
Because the records sought are not public records, there is no violation of Iowa Code chapter 22. It is recommended this complaint be dismissed for lack of probable cause to believe a violation has occurred.
By the IPIB Executive Director
_________________________
Erika Eckley, J.D.
[1] 22FC:0091 Michael Merritt/Jasper County
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