Date:
01/19/2023
Subject:
Adam Klein/Dept Criminal Investigation & Burlington Police Dept - Final Report & Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Adam Klein, Complainant And Concerning: Department of Criminal Investigation and Burlington Police Department, Respondents |
Case Number: 15FC:0034
Final Order
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This matter comes before the Iowa Public Information Board (IPIB) this 19th day of January, 2023, to consider the Final Report filed by the IPIB Executive Director.
Adam Klein filed formal complaint 15FC:0034 on May 15, 2015, alleging that the Department of Criminal Investigation (DCI) and the Burlington Police Department (BPD) violated Iowa Code chapter 22.
The IPIB accepted the complaint on September 17, 2015. On December 15, 2015, the IPIB found there was probable cause to believe that a violation occurred and ordered the filing of a contested case.
A contested case was filed by the IPIB. A contested case hearing was held on July 20, 2018. The IPIB issued a final order on February 21, 2019, finding that the DCI and BPD did not violate Iowa Code chapter 22.
On March 22, 2019, Mr. Klein filed a petition for judicial review in Polk County District Court. The district court dismissed the review petition for a failure to exhaust administrative remedies on March 23, 2020.
Mr. Klein appealed this decision to the Iowa Supreme Court. On December 20, 2021, the Iowa Supreme Court issued an opinion affirming in part, reversing in part, and remanding the case to the district court with instructions.
Subsequent to that decision, the parties entered into settlement discussions. A settlement has been reached to release the disputed records and dismiss the district court case.
Mr. Klein approved the settlement through counsel on December 6, 2022. The City of Burlington approved the settlement on behalf of the BPD on December 19, 2022.
As there is no further action to be taken or matters to resolve concerning this formal complaint, it is appropriate to dismiss 15FC:0034.
Therefore, this complaint is dismissed as resolved.
_______________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2023, to:
Rita Bettis Austen, attorney for Adam Klein
Holly Corkery, attorney for the City of Burlington
Jeffrey Peterzalek, attorney for Department of Criminal Investigation
Caroline Barrett, appellate counsel for the IPIB
Before The Iowa Public Information Board
|
In re the Matter of: Adam Klein, Complainant And Concerning: Department of Criminal Investigation and Burlington Police Department, Respondents |
Case Number: 15FC:0034
Final Report
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Final Report:
Adam Klein filed formal complaint 15FC:0034 on May 15, 2015, alleging that the Department of Criminal Investigation (DCI) and the Burlington Police Department (BPD) violated Iowa Code chapter 22.
The IPIB accepted the complaint on September 17, 2015. On December 15, 2015, the IPIB found there was probable cause to believe that a violation occurred and ordered the filing of a contested case.
A contested case was filed by the IPIB. A contested case hearing was held on July 20, 2018. The IPIB issued a final order on February 21, 2019, finding that the DCI and BPD did not violate Iowa Code chapter 22.
On March 22, 2019, Mr. Klein filed a petition for judicial review in Polk County District Court. The district court dismissed the review petition for a failure to exhaust administrative remedies on March 23, 2020.
Mr. Klein appealed this decision to the Iowa Supreme Court. On December 20, 2021, the Iowa Supreme Court issued an opinion affirming in part, reversing in part, and remanding the case to the district court with instructions.
Subsequent to that decision, the parties entered into settlement discussions. A settlement has been reached to release the disputed records and dismiss the district court case (Exhibit 1).
Mr. Klein approved the settlement through counsel on December 6, 2022. The City of Burlington approved the settlement on behalf of the BPD on December 19, 2022.
As there is no further action to be taken or matters to resolve concerning this formal complaint, it is appropriate to dismiss 15FC:0034.
It is recommended that the IPIB approve the dismissal of this formal complaint and direct the IPIB chair to sign this dismissal order.
Respectfully submitted,
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2023, to:
Rita Bettis Austen, attorney for Adam Klein
Holly Corkery, attorney for the City of Burlington
Jeffrey Peterzalek, attorney for Department of Criminal Investigation
Caroline Barrett, appellate counsel for the IPIB