Date:
07/17/2025
Subject:
Charles Nocera/Iowa Dept. of Administrative Services - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Charles Nocera, Complainant And Concerning: Iowa Dept. of Administrative Services, Respondent |
Case Numbers: 25FC:0093 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 July 12, 2025, Charles Nocera filed formal complaint 25FC:0093, alleging that Iowa Dept. of Administrative Services (DAS) violated Iowa Code chapter 22.
Facts
Nocera filed a complaint after DAS responded to a records request stating “no responsive records exist.” This request sought the age at time of hire and confidential information. This is the same request previously reviewed by IPIB in 24FC:0020- Charles Nocera/Iowa Department of Administrative Services - Administrative Dismissal Order. Additionally, the issue of whether DAS was required to create a record to address the request was addressed in Advisory Opinion 24AO:0003: Data and Public Records Requests.
Applicable Law
Upon receipt of a complaint alleging a violation of chapter 21 or 22, the board shall do either of the following:
…
Determine that, on its face, the complaint is outside its jurisdiction, is legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court. In such a case the board shall decline to accept the complaint. If the board refuses to accept a complaint, the board shall provide the complainant with a written order explaining its reasons for the action. Iowa Code § 23.8.
Analysis
This complaint relates to the specific records request and the availability of the records sought previously addressed by IPIB in 24FC:0020 and 24AO:0003.
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 25FC:0093 is dismissed as it involves an incident that has previously been 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 July 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.