Date:
02/20/2025
Subject:
Joe Monahan/Iowa City Public Library - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Joe Monahan, Complainant And Concerning: Iowa City Public Library, Respondent |
Case Number: 24FC:0130 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 December 24, 2024, Joe Monahan filed formal complaint 24FC:0130, alleging the Iowa City Public Library (Library) violated Iowa Code Chapter 22.
Facts
The complaint in this case relates to the same subject matter and arguments as 24FC:0081, Joe Monahan/Ames Public Library, which was dismissed on December 19, 2024 and 24FC:0129 Joe Monahan/Ames Public Library.
In a public records request to the Library, Joe Monahan, sought records of emails exchanged between the Iowa Library Association (ILA) or the American Library Association (ALA) and between employees of the Library and the Ames Public Library who are on the Board of the ILA and/or the ALA using either their public or private email addresses. Both the ILA and ALA are private non-profit entities. Monahan stated that there were emails responsive, but only three were provided in response to his request.
The attorney for the Library provided the following response to Monahan’s request:
“The ILA and ALA records are their own, and are not public records. You may respond that many of these emails were sent or received on a government email address, which would be true. However, as the IPIB noted, it’s the content that controls.”
Monahan requested IPIB to direct the Library to follow Iowa law and allow the release of the requested documents.
Applicable Law
“‘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.” Iowa Code § 22.1(2).
“‘Public records’ includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D, or tax-supported district in this state, or any branch, department, board, bureau, commission, council, or committee of any of the foregoing.” Iowa Code § 22.1(3)(a).
Analysis
Iowa Code § 22.1(3)(a) defines “public records” to include the “records, documents, tape, or other information . . . of or belonging to” a government body, as the term is used in Chapter 22. In City of Dubuque v. Dubuque Racing Association, the Iowa Supreme Court clarified that “[a] document of the government is a document that was produced by or originated from the government,” while “[d]ocuments belonging to the government would include those documents that originate from other sources but are held by public officers in their official capacity.” 420 N.W.2d 450, 452 (Iowa 1988).
In Dubuque Racing Association, the Court addressed a records request seeking the minutes of a private, non-profit corporation on the basis that multiple members of the local city council sat on the non-profit’s board. Id. at 451. The records sought were in the possession of city council members and were physically maintained in the city manager’s office at the time of the request. Id. at 451–52. The requestor argued the records were public records because the non-profit was required to reserve four positions for members of the city council. The Court held the documents were not public records. The Court stated “[s]imply because members of a city council serve on the board of directors of a private nonprofit corporation, the affairs of the corporation do not become the affairs of the government.” Id. at 453. The Court held the requestor was not entitled to the records, as they belonged to the non-profit and were therefore not records or documents “of or belonging to” the city. Id. at 454; see United States v. Story County, 28 F. Supp. 3d 861, 871 (S.D. Iowa 2014) (emails were not “produced by or originated from” the sheriff’s role as sheriff and were not held in his official capacity with the county so requestor was not entitled to access them); see also Linder v. Eckard, 152 N.W.2d 833, 835 (Iowa 1967) (“It is the nature and purpose of the document, not the place where it is kept, which determines its status.”); 24AO:0007: Are private email communications sent from a government email address public records?
The emails sought in this matter are not records “of or belonging to” the Library as outlined in 24FC:0081, Joe Monahan/Ames Public Library. ILA as an independent non-profit entity and their records are not subject to the requirements of Iowa Code chapter 22. The treatment of ILA records is the same regardless of whether the request is made directly to the ILA or to the Library.
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.
IT IS SO ORDERED: Formal complaint 24FC:0129 is dismissed as legally insufficient and a matter previously disposed of on its merits 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 February 20, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
Erika Eckley, J.D.