The Iowa Public Information Board
In re the Matter of:
Curtis Rickets, Complainant And Concerning: City of Winterset, Respondent |
Case Number: 25FC:0163 Dismissal Order |
|---|
COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On October 30, 2025, Curtis Rickets filed formal complaint 25FC:0163 alleging the Jane Rosien, the City of Winterset City Attorney, violated Iowa Code chapter 22.
Facts
Mr. Rickets alleges that Jane Rosien, the Winterset City Attorney, operates under her private practice email while being employed as the city attorney. Mr. Rickets asserts that Ms. Rosien uses her non-city-domain email account to conduct official municipal business and to receive resident communications. Mr. Rickets alleges that residents who attempted to raise concerns through that private email account of Ms. Rosien have been blocked or had their communications ignored. Mr. Rickets asserts that by Ms. Rosien conducting public business through a private channel and restricting resident access she has made it difficult for the public to have access to records operating through her email. Mr. Rickets provides that Ms. Rosien is aware of Iowa Code Chapter 22 as she she referred to the Iowa Code Chapter 22 at the Winterset City Council meeting on October 6, 2025.
Applicable Law
“Upon receipt of a complaint alleging a violation of chapter … 22, the board shall do either of the following:
Determine that, on its face, the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit. In such a case the board shall accept the complaint, and shall notify the parties of that fact in writing.
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
Mr. Rickets alleges the city attorney, Ms. Rosien, has acted improper by using a private email address while conducting governmental body business. Mr. Rickets does not provide any instances of a records requests being denied or produced. While discourage by IPIB, a public official is allowed to conduct governmental body business on private email. This does not preclude the responsibility of the public official to produce any public records created on the private email address, but that is not at issue in this case. Mr. Rickets public official employee conduct is outside of the jurisdiction of IPIB to investigate. Therefore, this complaint must be dismissed.
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 facts alleged are outside IPIB’s jurisdiction to review.
IT IS SO ORDERED: Formal complaint 25FC:0163 is dismissed as it is legally insufficient pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule FC: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:
Charlotte Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on November 15, 2025, to:
Curtis Rickets, Complainant