Polk County officials are asking a judge to decide whether cellphone texts, photos and video Tom Alessio Jr., a senior county leader who was fired last month, sent to coworkers are public records that must be turned over to Des Moines Register under Iowa open records law.
Reader’s Watchdog columnist Lee Rood requested the records June 29 on behalf of the Register as part of her ongoing reporting on Alessio, former county building and grounds supervisor and deputy director of the county’s general services division.
Rood reported Alessio, 59, was fired June 5 after a monthslong human resources investigation. His termination letter stated county officials “substantiated multiple allegations of inappropriate behaviors and conduct” but did not give details about the alleged wrongdoing.
Alessio, who became head football coach at Lincoln High School last year, resigned that position July 20 after his firing, the Des Moines school district confirmed. He has not responded to requests for comment.
The firing comes as General Services Director Scott Ourth, who was Alessio’s manager, faces two sexual harassment lawsuits filed by coworkers and set for trial next year. Ourth remains employed by the county.
In the petition for a declaratory judgment the county filed July 29, the county claims it does not currently have possession of Alessio’s county-issued cell phone. It says it has some messages he sent to an unnamed female employee, but that she received them on her personal phone and turned them over voluntarily.
County Attorney Kimberly Graham asks the court to rule the messages, as such, are not “governmental records,” as defined by law, and if they are, determine whether they are protected as part of a “confidential personnel investigation.”
“Polk County, Iowa’s ability to fulfill its legal obligations would be severely compromised if employees feared public exposure by cooperating with personnel investigations and/or filing complaints with Polk County Human Resources,” the petition states.
It’s not clear why the county does not have Alessio’s official phone or whether it is taking any steps to recover it. Graham spokesperson Lynn Hicks declined to comment on the status of Alessio’s phone.
The petition asks the court for an injunction permanently blocking the disclosure of Alessio’s text records to Rood or anyone else who requests them.
Alessio made $197,274 in salary and benefits with the county before his termination. He was paid $8,410 for his coaching work during the 2025-26 school year, according to Amanda Lewis, a spokesperson for the Des Moines Public School District.
Resistance to disclosing public records is growing, press freedom advocate says
Randy Evans, who heads Iowa’s Freedom of Information Council, said the council is seeing more cases of government resistance to records disclosure being filed against members of the public, and that Iowans should be concerned.
The Register is currently the subject of another lawsuit from Gov. Kim Reynolds, likewise arguing that certain requested documents are exempt from disclosure. More recently, an Iowa district judge sought to block release of records related to her drunken driving arrest which the Register sought. She dropped her lawsuit to bar the records’ release before a judge ruled on the issue.
Evans said officials often take the position that a requester who disagrees with their refusal to turn over records can file a lawsuit against the government.
“Government officials know full well that very few people requesting records can afford to hire an attorney to bring such a lawsuit,” he said in a statement.
“Some of the defendants in these lawsuits believe they are being singled out for trying to use the public-records law as it has been intended, and when government files a lawsuit against these requesters, these individuals feel like government is retaliating against them by using taxpayer-paid attorneys,” he said.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Polk County asks court to deny Register request for texts from official
Reporting by William Morris, Des Moines Register / Des Moines Register
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By William Morris, Des Moines Register | USA TODAY Network
