The Iowa Public Information Board
In re the Matter of: Mindy Ponsetto, Complainant And Concerning: Iowa United Professionals, Respondent |
Case Number: 25FC:0133 Dismissal Order
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COMES NOW, Alexander Lee, Agency Counsel for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On September 15, 2025, Mindy Ponsetto filed formal complaint 25FC:0133, alleging that the Iowa United Professionals (IUP) violated Iowa Code Chapter 22.
Facts
Iowa United Professionals (IUP), or UE Local 893, is a labor union representing public sector employees in the State of Iowa.
The complainant, Mindy Ponsetto, is a current state employee. In July 2025, she submitted a records request to IUP’s representative, seeking records related to a specified contract. Ponsetto alleges she has not received the records, despite a delay of over two months. Based on this failure to produce requested records, Ponsetto filed formal complaint 25FC:0133, alleging either improper withholding of records or unreasonable delay.
Applicable Law
“‘Government body’ means this state, or any county, city, township, school corporation, political subdivision, tax-supported district, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D; the governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized; or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of this chapter.” Iowa Code § 22.1(1).
“‘Lawful custodian’ means the government body currently in physical possession of the public record. The custodian of a public record in the physical possession of persons outside a government body is the government body owning that record. The records relating to the investment of public funds are the property of the public body responsible for the public funds.” Iowa Code § 22.1(2).
Analysis
Chapter 22 grants the public a right to examine and copy public records of government bodies. Public records, as defined in Iowa Code § 22.1(3)(a), include “all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to [a government body].” Iowa Code § 22.1(3)(b) provides that publics records also include “all records relating to the investment of public funds . . . whether in the custody of the public body responsible for the public funds or a fiduciary or other third party.” The responsibility for complying with Chapter 22 belongs to the “lawful custodian” of a record, a term which may refer to (1) “the government body currently in physical possession of the public record,” (2) “the government body owning [a] record” which is “in the physical possession of persons outside of a government body,” or (3) “the public body responsible for [] public funds,” in the case of “records relating to the investment of public funds.” Iowa Code § 22.1(2).
The IUP, as a labor union, does not fall under any of the ten statutory definitions of a Chapter 22 government body, despite the fact that the vast majority of its members are public employees. Even if the contract qualifies as a public record pursuant to Iowa Code § 22.1(3)(b) – which is not a question IPIB needs to address in order to resolve this complaint – the lawful custodian of the record would be the body responsible for those funds, not the union. Therefore, Chapter 22 does not provide an avenue for her to request these records from a nongovernment-entity like the IUP.
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.
Because the complaint is brought against a labor union, which is neither a government body nor a potential lawful custodian of the record under Chapter 22, the union’s failure to provide the requested records is not enforceable under Chapter 22.
IT IS SO ORDERED: Formal complaint 25FC:0137 is dismissed as it is legally insufficient or outside of 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 October 16, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Agency Counsel,
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Alexander Lee, J.D.
CERTIFICATE OF MAILING
This document was sent on October 10, 2025, to:
Mindy Ponsetto, Complainant