MEMORANDUM
From: Michael J. Merritt, USN Retired/Writer
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com
To: Iowa Public Information Board
Wallace Building, Third Floor
502 East 9th Street
Des Moines, IA 50319
Jasper County, IA
Jasper County Courthouse
101 1st Street N
Newton, IA 50208
Subj: MEMORANDUM – IOWA PUBLIC INFORMATION BOARD – CASE: 22FC:0126
Ref: 1. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records)
2. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records) – Section 22.1(3.)(a.)
3. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records) – Section 22.2(1.)
4. “(1) Are Email Messages and Other Electronic Communications Public Records? (2) If so, How Long Must They Be Kept?” (1) Are Email Messages and Other Electronic Communications Public Records? (2) If so, How Long Must They Be Kept? | Iowa Public Information Board, https://ipib.iowa.gov/faq/1-are-email-messages-and-other-electronic-communications-public-records-2-if-so-how-long-must.
Enc: 1. Freedom of Information Request – Jasper County Iowa – 20 DEC 2022
2. Electronic Mail – Scott Nicholson – 25 FEB 2022
3. Iowa Open Records Request – Jasper County, IA #002 – 01 MAR 2022
4. Memorandum – Jasper County, IA Attorney Nicholson – 28 APR 2022
5. Memorandum – Jasper County, IA Sheriff – 18 AUG 2022
6. Electronic Mail – Brett Toresdahl – 06 OCT 2022
7. Iowa Open Records Request – Jasper County, IA – #005 – 18 OCT 2022
8. Iowa Open Records Request – Jasper County, IA Sheriff – #004 – 18 OCT 202
9. Electronic Mail – Scott Nicholson – 08 NOV 2022
10. Electronic Mail – Scott Nicholson – 09 NOV 2022
11. Memorandum – Jasper County, IA Attorney Nicholson – 07 DEC 2022
12. Electronic Mail – Daniel Stawhun – 01 FEB 2023
13. co-jasper-ia-us NS Records
14. co-jasper-ia-us MX Records
15. jasperia-org A Records
16. jasperia-org MX Records
17. jaspercoatty-org – A Records
18. jaspercoatty-org MX Records
19. jaspersheriff-org A Records
20. jaspersheriff-org MX Records
1. Introduction
The spirit of Iowa Code Chapter 22 communicates, “Every person shall have the right to examine and copy a public record” that has been “stored or preserved.” “The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record.”
In Gabrilson v. Flynn 554 N.W.2d 267 (1996), the Iowa Supreme Court “found the purpose of this statute to be “to open the doors of government to public scrutiny to prevent government from secreting its decision-making activities from the public, on whose behalf it is its duty to act.” Iowa Civil Rights Comm’n v. City of Des Moines, 313 N.W.2d 491, 495 (Iowa 1981). Similarly, chapter 22 “establishe[s] a liberal policy of access from which departures are to be made only under discrete circumstances.” City of Dubuque v. Telegraph Herald, Inc., 297 N.W.2d 523, 526 (Iowa 1980). Accordingly, there is a presumption of openness and disclosure under this chapter. Id. at 527.”
“The purpose of chapter 22 is to remedy unnecessary secrecy in conducting the public’s business. City of Dubuque v. Telegraph Herald, Inc., 297 N.W.2d 523, 527 (Iowa 1980).” US West v. Consumer Advocate 498 N.W.2d 711 (1993). “There is a presumption of disclosure of records under the statute and exceptions to this rule are to be narrowly construed. Northeast Council, 513 N.W.2d at 759. The right of persons to view public records is to be interpreted liberally to provide broad public access to public records. Howard v. Des Moines Register & Tribune Co., 283 N.W.2d 289, 299 (Iowa 1979).” Rathmann v. Board of Directors, 580 N.W.2d 773 (Iowa 1998).
“Section 22.7 provides specific exceptions to the otherwise liberal policy of access. This court has held these exceptions are to be construed narrowly, subject to two caveats. Id. First, the “narrow construction” principle should not be over utilized such that its use frustrates legislative intent. Id. Second, where the expressed exception is broadly inclusive, the narrow construction principle will not aid in the determination of legislative intent. Northeast Council on Substance Abuse, Inc. v. Department of Pub. Health, 513 N.W.2d 757, 759 (Iowa 1994); City of Sioux City v. Greater Sioux City Press Club, 421 N.W.2d 895, 897 (Iowa 1988).” Gabrilson v. Flynn 554 N.W.2d 267 (1996).
“There is a presumption in favor of disclosure” and “a liberal policy in favor of access to public records.” Hall v. Broadlawns Med. Ctr., 811 N.W.2d 478, 485 (Iowa 2012). “Disclosure is the rule, and one seeking the protection of one of the statute’s exemptions bears the burden of demonstrating the exemption’s applicability.” Diercks, 806 N.W.2d at 652 (quoting Clymer v. City of Cedar Rapids, 601 N.W.2d 42, 45 (Iowa 1999)).
2. IOWA OPEN RECORDS REQUEST – JASPER COUNTY, IA – #005
(a.) Jasper County, IA Attorney Nicholson provides evidence of a previous determination that electronic mail is not confidential in accordance with Iowa Code Section 22.7 in Enclosures (2.) and (4.) Consequently, as Jasper County, IA, Attorney Nicholson should have provided these records in Enclosure (11.) or a fee for a search for the requested records in accordance with Iowa Code Section 22.3. Evidence indicates Jasper County, IA Attorney Nicholson’s view regarding the confidentiality of electronic mail changed upon the request and release of evidence of an alleged 1st Amendment violation included in Enclosures (9.) and (10.) during Iowa Public Information Board case: 22FC:0091. Records requested in paragraphs (a.)(1.) verifying publicly available Domain Name System (DNS) records are no longer being requested as a result of the release of Enclosures (9.) and (10.)
(b.) See paragraph 2.(a.) Records requested in paragraphs (b.)(1.) verifying publicly available Domain Name System (DNS) records are no longer being requested as a result of the release of Enclosures (9.) and (10.)
(c.) See paragraph 2.(a.) Records requested in paragraphs (c.)(1.) verifying publicly available Domain Name System (DNS) records are no longer being requested as a result of the release of Enclosures (9.) and (10.)
(d.) Name and annual income of the Jasper County, IA elected, appointed, contracted, hired employee(s) or authorized users that are authorized to access and maintain the following social media assets; Meta Platforms Inc. – Facebook Page – https://www.facebook.com/JasperCountyIowa – Evidence indicates these requested records are unrelated to Jasper County, IA’s infrastructure or cyber security planning. Jasper County, IA Attorney Nicholson communicated in his initial “documented” response to complaint 22FC:0091, “Jasper County, Iowa, has no such list. It does not exist anywhere. There is no “public record” of such a list kept anywhere in Jasper County, including in its computer systems.” Jasper County, IA Attorney Nicholson’s testimony articulates that records related to Facebook are not stored or preserved on Jasper County, IA’s information systems. Records requested in Enclosure (7.) are related to Jasper County, IA’s historical use of third-party commercial platforms while interacting with the citizens of Jasper County, IA. At the same time, they provide evidence of county employees funded by tax dollars involved in Jasper County, IA’s public operations on these commercial platforms.
(e.) Name and annual income of the Jasper County, IA elected, appointed, contracted, hired employee(s), or authorized users that are authorized to access and maintain the following social media assets; Meta Platforms Inc. – Facebook Page –
https://www.facebook.com/dougcupplesjaspercountysupervisor – Evidence indicates these requested records are unrelated to Jasper County, IA’s infrastructure or cyber security planning. Jasper County, IA Attorney Nicholson communicated in his initial “documented” response to complaint 22FC:0091, “Jasper County, Iowa, has no such list. It does not existanywhere. There is no “public record” of such a list kept anywhere in Jasper County,including in its computer systems.” Jasper County, IA Attorney Nicholson’s testimony articulates that records related to Facebook are not stored or preserved on Jasper County, IA’s information systems. Records requested in Enclosure (7.) are related to Jasper County, IA’s historical use of third-party commercial platforms while interacting with the citizens of Jasper County, IA. At the same time, providing evidence of county employees funded by tax dollars involved in Jasper County IA’s public operations on these commercial platforms.
(f.) Name and annual income of the Jasper County, IA elected, appointed, contracted, hired employee(s), or authorized users that are authorized to access and maintain the following social media assets; Meta Platforms Inc. – Facebook Page –
https://www.facebook.com/brandontalsmajaspercountysupervisor – Evidence indicates these requested records are unrelated to Jasper County, IA’s infrastructure or cyber security planning. Jasper County, IA Attorney Nicholson communicated in his initial “documented” response to complaint 22FC:0091, “Jasper County, Iowa, has no such list. It does not exist anywhere. There is no “public record” of such a list kept anywhere in Jasper County,including in its computer systems.” Jasper County, IA Attorney Nicholson’s testimony articulates that records related to Facebook are not stored or preserved on Jasper County, IA’s information systems. Records requested in Enclosure (7.) are related to Jasper County, IA’s historical use of third-party commercial platforms while interacting with the citizens of Jasper County, IA. At the same time, providing evidence of county employees funded by tax dollars involved in Jasper County IA’s public operations on these commercial platforms.
(g.) Records requested are not required given Jasper County, IA provides transparency regarding records requested in paragraph (d.)
(h.) Records requested are not required given Jasper County, IA provides transparency regarding records requested in paragraph (e.)
(i.) Records requested are not required given Jasper County, IA provides transparency regarding records requested in paragraph (f.)
(j.) Records requested are not required given Jasper County, IA Attorney Nicholson provided evidence of Jasper County, IA’s use of this uniform resource locator (URL) in Enclosures (9.) and (10.) in response to Iowa Public Information Board complaint 22FC:0091.
(k.) Records requested are not required given Jasper County, IA Attorney Nicholson provided evidence of Jasper County, IA’s use of a block feature in Enclosures (9.) and (10.) in response to Iowa Public Information Board complaint 22FC:0091.
(l.) Records being requested are simply for the records requester and the people to have an understanding of possible evidence showing the music or entertainment taste of county employees that produce evidence of gender-based discrimination regarding the handling of evidence of a domestic abuse no-contact order violation and other constitutional rights violations—at the same time, utilizing information system assets funded by public tax dollars.
3. IOWA OPEN RECORDS REQUEST – JASPER COUNTY, IA SHERIFF’S OFFICE – #004
(a.) Jasper County, IA Attorney Nicholson provides evidence of a previous determination that electronic mail is not confidential in accordance with Iowa Code Section 22.7 in Enclosures (2.) and (4.) Consequently, as Jasper County, IA Attorney Nicholson failed to provide these records in Enclosure (11.) or a fee for a search for these records in accordance with Iowa Code Section 22.3. Evidence indicates Jasper County, IA Attorney Nicholson’s view regarding the confidentiality of electronic mail changed upon the request and release of evidence of an alleged 1st Amendment violation included in Enclosures (9.) and (10.) during Iowa Public Information Board case: 22FC:0091. Records requested in paragraphs (a.)(1.) verifying publicly available Domain Name System (DNS) records are no longer being requested as a result of the release of Enclosures (9.) and (10.)
(b.) Name and annual income of the Jasper County, IA Sheriff’s Office elected, appointed, contracted, hired employee(s) or authorized users that are authorized to access and maintain the following social media assets; Meta Platforms Inc. – Facebook Page –
https://www.facebook.com/jaspercountyso – Evidence indicates these requested records are unrelated to Jasper County, IA’s infrastructure or cyber security planning. Jasper County, IA Attorney Nicholson communicated in his initial “documented” response to complaint 22FC:0091, “Jasper County, Iowa, has no such list. It does not exist anywhere. There is no “public record” of such a list kept anywhere in Jasper County, including in its computer systems.” Jasper County, IA Attorney Nicholson’s testimony articulates that records related to Facebook are not stored or preserved on Jasper County, IA’s information systems. Records requested in Enclosure (8.) are related to Jasper County, IA’s historical use of third-party commercial platforms while interacting with the citizens of Jasper County, IA. At the same time, providing evidence of county employees funded by tax dollars involved in Jasper County IA’s public operations on these commercial platforms.
(c.) Records requested are not required, given Jasper County, IA, provides transparency regarding records requested in paragraph (b.)
(d.) Records requested are not required given Jasper County, IA Attorney Nicholson provided evidence of Jasper County, IA’s use of this uniform resource locator (URL) in Enclosures (9.) and (10.) in response to Iowa Public Information Board complaint 22FC:0091.
(e.) Records requested are not required given Jasper County, IA Attorney Nicholson provided evidence of Jasper County, IA’s use of a block feature in Enclosures (9.) and (10.) in response to Iowa Public Information Board complaint 22FC:0091.
4. Analysis of Jasper County, IA’s Response to IPIB case: 22FC:0126
Electronic Mail – Ryan Eaton – 31 JAN 2023
1. User names: Evidence shown in both the original requests and correspondence from Jasper County, IA Attorney Nicholson shown in Enclosure (6.) provide evidence of no “User names” or other authentication information giving access to an information system maintained by Jasper County, IA was being requested. Jasper County, IA, was requested to provide records regarding the identity of the county employee(s) appointed to manage third-party commercial platforms used to interact with citizens of Jasper County, IA. At the same time, these public accommodations are funded by Jasper County, IA, tax dollars.
2. Evidence shown in both the original request and correspondence from Jasper County, IA Attorney Nicholson shown in Enclosure (6.) provide evidence no records related to “Positions and what access they have” related to the information system maintained by Jasper County, IA was being requested. Jasper County, IA, was requested to provide records regarding the identity of the county employee(s) appointed to manage third-party commercial platforms used to interact with citizens of Jasper County, IA. At the same time, these public accommodations are funded by Jasper County, IA, tax dollars.
3. Evidence shown in both the original request and correspondence from Jasper County, IA Attorney Nicholson shown in Enclosure (6.) provide evidence no records related to “File locations and infrastructure, including web based software” installed information system maintained by Jasper County, IA was being requested. Jasper County, IA, was requested to provide records regarding the identity of the county employee(s) appointed to manage third-party commercial platforms used to interact with citizens of Jasper County, IA. At the same time, these public accommodations are funded by Jasper County, IA, tax dollars.
“This is against basic our network and cyber security policies based on CISA (Cyber Security and Infrastructure Security Agency, Division of Home Land Security), NIST (National Institute of Standards and technology, US Department of Commerce).” – Jasper County, IA has failed to provide evidence regarding how their cyber security policy governs a third-party commercial cloud-based social media platform or evidence of this government body’s use of it during an election year.
“Jasper County also has to meet cyber security policies for HIPAA (Jasper County is a Hybrid Entity), CJIS, Elections Infrastructure Sharing and Analysis Center, and The Iowa Secretary of State Elections Security Legislative Rules. Such discussions on topics are protected by 21.5(k) and I normally ask for closed public meetings to discuss with the Board of Supervisors.” – Jasper County, IA, has failed to provide evidence regarding how their cyber security policy governs a third-party commercial cloud-based social media platform or evidence of this government body’s use of it during an election year.
A careful analysis of the historical correspondence provided by Jasper County, IA, during cases 22FC:0091 and 22FC:0126 offer the following possible conclusion:
When Jasper County, IA, was requested to provide records related to their operations on a third-party commercial platform storing and preserving records, evidence indicates this government body produced (Ref: Iowa Code Section 22.1(3.)(a.) – ““Public records” includes all records, documents, tape, or other information, stored
or preserved in any medium, of or belonging to this state or any county,”. Jasper County, IA Attorney Nicholson communicated, “Jasper County, Iowa, has no such list. It does not exist anywhere. There is no “public record” of such a list kept anywhere in Jasper County, including in its computer systems.” However, after Jasper County, IA, was directed to produce Enclosures (9.) and (10.) by the Iowa Public Information Board (case: 22FC:0091), providing evidence of an alleged violation of a constitutional right during the 2022 election year. Evidence indicates Jasper County, IA’s posture regarding these records evolved as Mr. Eaton’s electronic mail shown in Enclosure (12.) indicates Jasper County, IA is now taking ownership of its use of third-party commercial platforms. At the same time, indicating information systems not maintained by Jasper County, IA (third-party commercial platforms, i.e., Facebook) are entitled to the same safeguards and protocol as information systems maintained by this government body.
“I also work with the Sheriff’s office on Cybercrimes and execute warrants to search computers and online accounts. I am terrified knowing what I can access with a warrant and “just a user name”. Mr. Merritt presents himself as an “Information Systems Manager” and “Information War Specialist” so by his own admission he is more of a threat to Jasper County’s networks and web based software than an average person asking for public information.” – Mr. Eaton provides testimony indicating he is responsible for criminal cyber investigations and the executions of warrants related to searches of citizen’s electronic devices and cloud-based accounts for the Jasper County, IA Sheriff’s Department. At the same time, he communicates that he has a level of investigative access and is “terrified.” Given this extraordinary level of investigative access, it seems logical to provide evidence of historical behavior executed by the Complainant that is threatening in a cyberspace environment as opposed to simply producing evidence of defamation against a twenty-year veteran that possessed a Top Secret SCI (Sensitive Compartmented Information) and honorable discharge. At the same time, producing evidence of a desperate attempt to create prejudice while influencing these proceedings. Suppose there was evidence indicating Mr. Eaton had managed information systems in a tactical forward deployed environment. In that case, he would possibly produce less evidence of communicating recklessly on them.
“He immediately posts any responses from Jasper County and IPIB to his Facebook and multiple Websites. So, any of this information would be out there for hackers or activists to use.” Iowa Code Section 22.1(3.) articulates that electronic mail is a public record (Reference 2.). At the same time, Iowa Code Section 22.2(1.) states, “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.” Evidence indicates Jasper County, IA, is attempting to produce prejudice against a citizen while referencing actions that are protected by Iowa Code Chapter 22. At the same time, this posture is consistent with evidence of Jasper County, IA’s historical behavior against citizens that communicate information publicly they do not desire. But, of course, this is to be expected when evidence indicates Jasper County, IA, has turned over the legal watch to a local area network administrator.
5. Conclusion
“Civil enforcement of Iowa’s Open Records Act initially places the burden of showing three things on the party seeking enforcement (Horsfield). That party must “demonstrate[ ] to the court that the defendant is subject to the requirements of this chapter, that the records in question are government records, and that the defendant refused to make those government records available for examination and copying by the plaintiff.” Iowa Code § 22.10(2). Once a party makes these showings, the defendant has the burden to show compliance, and the court must issue an injunction if it finds the defendant has not complied by a preponderance of the evidence. Id. § 22.10(3)(a); see also Diercks, 806 N.W.2d at 653 (“Once the citizen shows the city denied his or her request to access government records, the burden shifts to the city to demonstrate it complied with the chapter’s requirements.”).” Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444 (Iowa 2013).
The evidence indicates Jasper County, IA, has only accomplished irrelevant theatrics, misrepresentation, defamation of an honorably discharged veteran with zero evidence possessing zero criminal records, and an unnecessary delay in the release of records Iowa Code Chapter 22 and evidence of this government body’s historical actions indicate are public records (electronic mail). At the same time, Jasper County, IA, elected politicians produce evidence of a retreat from the battlefield while attempting to conceal evidence of their strategic positions against a citizen during the 2022 election year.
Sadly this is not the response the Complainant was expecting from what evidence indicates is gun-toting politicians leading an alleged 2nd Amendment Sanctuary.
Respectfully,
Michael J. Merritt, USN Retired/Writer
Founder: cipherphoenix.com
Creative Writer/Musician
Information Warfare Specialist
Information Systems Manager
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com
Legal Disclaimer: Government Body DNS Information included in the original correspondence with the Iowa Public Information Board and Jasper County, IA has not been included with this published web-based version of this memorandum. The Author believes that as the information is publicly available in WHOIS databases online, it has no productive value in this published memorandum. The original form of this correspondence is available upon request in accordance with Iowa Code Chapter 22 with the action addresses addressed in this correspondence.
