Date:
03/20/2025
Subject:
Kira Werstein/Ames Community School District - Probable Cause Report and Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Kira Werstein, Complainant And Concerning: Ames Community School District, Respondent |
Case Number: 25FC:0020 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 February 12, 2025, Kira Werstein filed formal complaint 25FC:0020, alleging the Ames Community School District (District) violated Iowa Code Chapter 22. IPIB accepted this Complaint.
Facts
On January 31, 2025, the complainant, Kira Werstein, submitted a records request to the District for a video recording of an incident which took place on the same day in the main office lobby of Fellows Elementary School.
The school principal replied on behalf of the District, providing further information related to the incident but denying the records request on the basis that there was no video of the main office lobby on the date in question, although a new camera had been installed shortly after that date.
On February 12, 2025, Werstein filed formal complaint 25FC:0020, alleging that the District had violated Chapter 22 by failing to provide the requested recording. The complaint also alleged that multiple teachers had informed Werstein that there were office cameras active all year.
After opening the complaint to both parties, the District provided additional documentation which showed that the camera in the main office lobby was installed on February 4, 2025, meaning there was no footage of the area prior to that date. Evidence included an email thread with a technical support representative from the company which installed the camera and a screenshot of the camera’s settings page, showing the date and time for the earliest available recording as February 4, 2025.
Applicable Law
“‘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, [or other government body].” Iowa Code § 22.1(3)(a).
Analysis
The sole matter in dispute between the parties to this case is whether the requested video recording actually exists. If there is no record, then there is nothing to provide.
Here, the District has provided supplemental records in support of their position that there were no security cameras recording the area in question on January 31, 2025, including a correspondence with the security camera company confirming the installation date and consistent data taken from the lobby camera itself. These records have been provided to the complainant.
The complainant has indicated that she received conflicting information from other school employees regarding the possible existence of additional cameras prior to February 2025. However, given what has been presented to IPIB, there is no probable cause to believe a violation has occurred, as the available evidence strongly supports the non-existence of the requested record.
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 evidence suggests that no responsive record actually exists, the District has fully complied with its obligations under Chapter 22 by indicating that there are no records to produce.
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