Date:
04/21/2016
Subject:
David Mayberry / St. Ansgar Community School and St. Ansgar Police Department
Opinion:
Before the Iowa Public Information Board
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In re the Matter of: David Mayberry, complainant And concerning:
St. Ansgar Community School and St. Ansgar Police Department |
Case Number: 15FC:0092
FINAL REPORT
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RECOMMENDATION: Dismiss complaint pursuant to terms of the informal resolution.
David Mayberry filed a complaint with the Iowa Public Information Board (IPIB) against the St. Ansgar Community School District (School) and the St. Ansgar Community Police Department (Police) on November 19, 2015. In that complaint, Mr. Mayberry alleged that each violated Iowa Code chapter 22 when the School and the Police denied the requests for the release of certain records.
On October 14, 2015, complainant filed written requests to the Police requesting police reports, criminal affidavits and other records pertaining to an incident at the School. On October 27, 2015, the police chief responded that the investigative records were being reviewed by Juvenile Court Services for possible juvenile charges and would not be released.
October 14, 2015, complainant filed written requests to the School requesting a copy of a video from inside the school showing students involved in an incident on September 22, 2015, and copies of all emails sent or received by school employees and school board members concerning the incident. On October 19, 2015, the attorney for the School responded to the request by stating that Iowa Code section 22.7(1) and the Family Educational Rights and Privacy Act (FERPA) restricted the release of the records in question. Counsel for the school argued the video could not be released due to FERPA protection as one or more parents of the students in the video denied consent for the video’s release.
Upon the IPIB acceptance of Mr. Mayberry’s complaint, IPIB staff engaged in discussion of an informal resolution. Both Mr. Mayberry and counsel for the School and Police agreed to the terms of an informal resolution of the complaint which provided for the release of certain records. Those records were released pursuant to the terms of the resolution on February 26, 2016.
The complaint can be dismissed based upon compliance with the terms of the informal resolution.
Recommendation
I recommend that the IPIB dismiss the complaint pursuant to the terms of the informal resolution.
Respectfully submitted this 9th day of March, 2016.
Margaret E. Johnson, JD
Deputy Director
Cc: IPIB
David Mayberry
Katherine Beenken, counsel for St. Ansgar Community School and St. Ansgar Police Department