24FC:0123 Rachel Wherley/Estherville Lincoln Central Community School District - Probable Cause Report and Order

Date:
02/20/2025

Subject: 
Rachel Wherley/Estherville Lincoln Central Community School District - 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 December 6, 2024, IPIB received formal complaint 24FC:0123 from Rachel Wherley, alleging the Estherville Lincoln Central Community School District (District) violated Iowa Code Chapter 22. The complaint was accepted by IPIB on December 19, 2024.

Facts

Wherley works with the Mascots Matter campaign and submitted a public records request to the District on November 11, 2024, requesting “any records, including meeting minutes, emails, or documents, that relate to discussions or decisions regarding the mascot within the past five years.”

On November 18, the District responded and indicated a public records search found no records responsive to the request. Since this response, the District has consistently maintained it has no records responsive to the request. On January 10, 2025, counsel for the District stated:

“A review of the District’ records that may be responsive to the Complainant’s request revealed that there were no records that related to discussions or decisions about the District’s mascot within the past five years.  The District’s review of its records determined that there was an instance during a school board meeting on January 18, 2021 where an individual addressed the Board during public comment about retiring the District’s logo.  However, due to the fact this individual provided this information during public comment and not regarding an agenda item, there was no discussion or decision related to the District’s mascot as a result of this communication.  In addition, the District review of its records found that the District had received written communications from individuals regarding the District’s mascot; however, none of those communications led to any discussions or decisions by the District about the District’s mascot.”

Wherley argues the District failed to release records responsive to her request and cites to specific information to support her position. First, Wherley cites to an email from a concerned individual urging the District to reconsider the mascot. The email reflects the District responded to the concerned individual and stated the concerns would be shared with the District’s Board. Second, Wherley cites to an article posted in the Business Insider in 2021 regarding the District’s mascot. Wherley believes this article would have generated discussions regarding the District’s mascot.

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

IPIB has consistently taken the position that a public record must exist – must be stored or preserved in a medium in the possession of the government body – to hold a government body responsible for production of the public record. In this complaint, the District maintains there is no public record stored or preserved in any medium responsive to Wherley’s request.

Wherley presents communications that could have generated discussions or decisions regarding the District’s mascot, but there are no records to suggest the District actually discussed or made decisions regarding the mascot in light of these communications. Agendas and minutes of board meetings do not show discussions or decisions and any news articles written regarding the District are silent on discussions or decisions by the District. 

There is no clear evidence to suggest the District has discussed or made decisions regarding the District’s mascot, which means there is no clear evidence to suggest public records exist regarding the same. 

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 District maintains there are no public records in response to Wherley’s request and no evidence has been presented to the contrary.

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

___________________________________

Monica McHugh