18AO:0020
Date: November 15, 2018
Subject: Authority of the Iowa Public Information Board to interpret and make decisions on disputed matters involving the Iowa Code Chapter 22.
Mr. Jonathan Miner
1327 South Hill Drive
Waterloo, Iowa 50701
This opinion is in response to your filing of October 31, 2018, requesting an opinion from the Iowa Public Information Board (IPIB) rule 497—1. We note at the outset that IPIB’s jurisdiction is limited to the application of Iowa Code chapters 21, 22, and 23, and rules in Iowa Administrative Code chapter 497. Advice in a Board opinion, if followed, constitutes a defense to a subsequent complaint based on the same facts and circumstances.
FACTUAL STATEMENT: You request an advisory opinion concerning the legal authority of the IPIB to determine whether certain records needed to be provided under Iowa Code § 22.5 regarding whether a law enforcement agency has a duty to provide information.
QUESTION: May the Iowa Public Information Board interpret and rule on a factual dispute involving requested records under Iowa Code Chapter 22?
OPINION:
Iowa Code Chapter 23 created the Iowa Public Information Board, which presently consists of nine members: three representing the news media, three representing the general public, and three representing government. The appointees are nominated by the governor and confirmed by the Iowa Senate. Iowa Code Chapter 23.6 passed by the Iowa Legislature and signed by the Governor, allows the Board specific powers and duties, including under subsection 2, to:
Adopt Rules pursuant to Chapter 17A calculated to implement, enforce, and interpret the requirements of chapters 21 and 22 and to implement any authority delegated to the board by this chapter.
This is how the Iowa Public Information Board has the authority to interpret and enforce Chapter 22 with specific fact patterns.
BY DIRECTION AND VOTE OF THE BOARD.
Mary Ungs-Sogaard, Chair
E.J. Giovannetti​
Keith Luchtel​
Monica McHugh
Frederick Morain​
William Peard​
Julie Pottorff​
Suzan Stewart
Renee Twedt​
Prepared by
Amanda T. Adams
Issued on:
11/15/2018