The Iowa Public Information Board
In re the Matter of: Kirk Lager, Complainant And Concerning: Iowa Department of Corrections, Respondent |
Case Number: 25FC:0096 Investigative Report
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COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On July 21, 2025, Kirk Lager filed formal complaint 25FC:0096, alleging Iowa Department of Corrections violated Iowa Code Chapter 22.
The IPIB accepted this Complaint on July 30, 2025
Facts
On the morning of June 7, 2025, the City of Fort Dodge, IA was hosting a city celebration for Frontier Days that included a parade, a car show, live music, and other activities. Prior to the commencement of the Frontier Days parade, a “figure 8 car” struck the Residential Correctional Facility located at 311 1st Ave S. in Fort Dodge, IA.
On June 8, 2025, Lager submitted an Open Records Request with the Department. Lager’s request was assigned number 25-2152. The nature of Lager’s request was for “video footage of the figure 8 car that struck the Residential Correctional Facility in Fort Dodge at 311 1st Avenue South on the morning of June 7th, 2025”.
On June 12, 2025, the Department denied the request, citing the need to protect institutional security and the safety of its staff and clients.
On July 21, 2025, Kirk Lager filed a complaint (25FC:0096) against the Iowa Department of Corrections (the "Department"), alleging a violation of Iowa Code Chapter 22. Lager requested a copy of the video footage from the June 7, 2025, incident where a "figure 8 car" struck the Residential Correctional Facility in Fort Dodge. Lager subsequently filed a formal complaint with IPIB on July 21, 2025 and IPIB accepted the complaint on July 30, 2025.
On August 7, 2025, the Department responded to the formal complaint and asserts that while the video can be a public record under Iowa Code § 22.1(3)(a), it is confidential under Iowa Code § 904.602(10).
On August 21, Lager maintained the position that footage requested is a public record that is not confidential under Iowa Code § 22.2.
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
Lager alleges a violation of Iowa Code Chapter 22 occurred based on the denial of access to the security camera footage. A public record is a record that belongs to and is maintained by a government body. As been determined by IPIB in prior decisions, the Department is granted broad authority to govern its internal administration. Iowa Code § 904.602(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(10), the Department has the ability to exempt as confidential any regulations, procedures, and policies related to internal administration, including releasing video footage would reveal confidential operational security details, which may also include the location of security cameras, staff movement patterns, personal identifying information, and other sensitive operational practices.
Based on this analysis, IPIB finds the request for the security footage is a proper request for an existing public record, but the security footage is exempt from disclosure requirements of Iowa Code Chapter 22 pursuant to Iowa Code § 904.602(10).
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 that the Board dismiss the matter for lack of probable cause to believe a violation has occurred. Both parties agree that the footage requested is considered a public record.
By the IPIB Executive Director
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Charlotte Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on October 10, 2025, to:
Kirk Lager, Complainent
Iowa Department of Corrections, Respondent
The Iowa Public Information Board
In re the Matter of: Kirk Lager, Complainant And Concerning: Iowa Department of Corrections, Respondent |
Case Number: 25FC:0096 Probable Cause Order
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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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Catherine Lucas
CERTIFICATE OF MAILING
This document was sent on November 11, 2025 to:
Kirk Lager, Complainant
Iowa Department of Corrections, Respondent