Date:
02/20/2025
Subject:
Robert Roquet/City of Jesup - Probable Cause Report and Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Robert Roquet, Complainant And Concerning: City of Jesup, Respondent |
Case Number: 25FC:0003 Probable Cause Report
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Probable Cause Report:
On January 13, 2025, Robert Roquet filed formal complaint 25FC:0003, alleging the City of Jesup (City) violated Iowa Code Chapter 22. IPIB accepted this Complaint.
Facts
The City of Jesup is a city primarily located in Buchanan County, Iowa. At the time of this complaint, there is ongoing litigation between the City and the complainant, Robert Roquet.
On November 20, 2024, Roquet sent a Chapter 22 records request via certified letter to the city clerk, seeking a letter authored by the Buchanan County Attorney regarding a local law enforcement officer. Roquet received a signed return receipt for the request, but he alleged the City had failed to provide any acknowledgement or response.
After IPIB opened the case for further review, the City provided email documentation to explain the lack of response. Due to the ongoing litigation, the City’s legal counsel contacted Roquet’s attorney concerning the request with the stated purpose of avoiding ethical issues arising from direct communication with a represented party. After a brief email exchange, Roquet’s attorney sent a response which read: “Sorry, my email wasn’t clear. I spoke to [Roquet] re the FOIA. Disregard the request from him.”
Roquet responded to acknowledge the legitimacy of the email, though he asserted he had never authorized his attorney to dismiss the complaint, nor had he been informed about the conversation between his attorney and the City on the request in the first place. Roquet has not been in contact with IPIB since providing this response.
Applicable Law
“The rights of persons under this chapter may be exercised under any of the following circumstances:
…
In writing, by telephone, or electronic means. The lawful custodian of the records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information.” Iowa Code § 22.4(2).
Analysis
Iowa Code § 22.4(2) provides that, in addition to in-person requests, members of the public may exercise their right to access public records through requests made in writing, by telephone, or by electronic means. A lawful custodian’s responsibilities are therefore dependent on the receipt of a valid request. If a person who files a request later affirmatively amends or retracts it, the lawful custodian would be relieved of their duty to respond with regards to records no longer being sought.
In this case, Roquet did not revoke the request himself. Rather, his attorney instructed the City to disregard the request on his behalf. Although Roquet states he never actually discussed the matter with his attorney, the attorney possessed apparent authority where he was already representing the complainant on a different matter in litigation with the City. The City had no reason to question the attorney’s representations, and their legal counsel had limited ability to communicate with the Roquet directly due to ethical restrictions. Under these conditions, the failure to respond to a records request cannot be considered a violation, as the City justifiably believed Roquet had retracted the request.
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. Because the City justifiably believed Roquet had revoked his request through the representations of his legal counsel, they were not required to take further action on his Chapter 22 request.
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