Kirkwood Institute, Inc. v. Iowa Auditor of State Rob Sand, John McCormally, and Office of the Auditor of State

Kirkwood Institute, Inc., submitted an open-records request to the Office of the State Auditor seeking certain categories of emails and text messages. The Auditor’s Office withheld ten emails from production. Nine of the emails were determined to be confidential under Iowa Code section 11.42 and one email was determined to be confidential under Iowa Code section 22.7(18). Kirkwood Institute filed an action under Iowa Code chapter 22 alleging the Auditor’s Office erroneously withheld the emails and asking the district court to order them produced. After conducting an in camera review of the emails, the district court determined they were properly maintained as confidential under sections 11.42 and 22.7(18) and granted summary judgment for the Auditor’s Office. Kirkwood Institute appeals.

Holding: An entity that requested public records from the Office of the Auditor of State appeals the district court’s grant of summary judgment dismissing its claims alleging statutory violations. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.