Date:
05/15/2025
Subject:
Steven Wycoff/Iowa Department of Corrections - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Steven Wycoff, Complainant And Concerning: Iowa Department of Corrections, Respondent |
Case Number: 25FC:0043 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 March 27, 2025, Steven Wycoff mailed a formal complaint to IPIB alleging the Iowa Department of Corrections (Department) violated Iowa Code chapter 22. Upon receipt of the complaint, IPIB opened the complaint as 25FC:0043.
Facts
Wycoff is an incarcerated individual and is currently in the custody of the Iowa Department of Corrections. Wycoff requested and was denied access to two pieces of information: 1. A copy of the Diagnostic and Statistical Manual of Mental Illnesses (DSM-5); and 2. A copy of the housing plan for housing unit one at the Iowa State Penitentiary, where Wycoff is incarcerated. Wycoff states requests for both pieces of information were denied in violation of Iowa Code Chapter 22.
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…” Iowa Code § 22.1(3)(a).
“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
Request for DSM-5
The DSM-5 is a handbook used for diagnosing mental disorders in adults and children and is owned and published by the American Psychiatric Association. The DSM-5 can be purchased by anyone from a number of varying retailers. As such, the resource does not belong to the Iowa Department of Corrections or the State of Iowa and does not meet the definition of a public record established by Iowa Code Chapter 22.
Request for Housing Plan
Wycoff also seeks a copy of the housing plan for housing unit one at the Iowa State Penitentiary, where Wycoff is incarcerated. As has been determined by the IPIB in prior decisions, the Department is granted broad authority to govern its internal administration. Iowa Code § 904.602(2)(k)(10) states as follows:
“Regulations, procedures, and policies that govern the internal administration of the department and the district departments, which if released may jeopardize the secure operation of a correctional institution operation or program, are confidential unless otherwise ordered by a court. These records include procedures on inmate movement and control; staffing patterns and regulations; emergency plans; internal investigations; equipment use and security; building plans, operation, and security; security procedures for inmates, staff, and visitors; daily operation records; and contraband and medicine control. These records are exempt from the public inspection requirements in section 17A.3 and section 22.2.” (Emphasis added.)
Based on Iowa Code § 904.602(2)(k)(10), the Department has the ability to exempt as confidential any regulations, procedures, and policies related to internal administration, including inmate movement and control and building plans. Housing plans are building plans and relate to inmate movement and control. For this reason, the housing plans are exempt from the public inspection requirements of Iowa Code Chapter 22.
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.
The first record requested by Wycoff is not a public record owned by Iowa Department of Corrections or the State of Iowa. The second record requested by Wycoff is exempt from the disclosure requirements of Iowa Code Chapter 22.
IT IS SO ORDERED: Formal complaint 25FC:0043 is dismissed as legally insufficient or outside IPIB’s jurisdiction 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 April 17, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Erika Eckley, J.D.