Date:
03/16/2017
Subject:
Ellen Worthing / Des Moines Police Department - Preliminary Order for Consolidation and Dismissal
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Ellen Worthing, Complainant And Concerning: Des Moines Police Department, Respondent |
Case Numbers: 17FC:0004 and 17FC:0011 PRELIMINARY ORDER FOR CONSOLIDATION AND DISMISSAL |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB) and enters this Preliminary Order for Consolidation and Dismissal:
On January 11, 2017, Ellen Worthing filed a formal complaint against the Des Moines Police Department (Department) alleging a violation of Iowa Code chapter 22. On February 6, 2017, she filed a second complaint against the Department again alleging a violation of Iowa Code chapter 22. Because both complaints concern the same respondent and the same record request, the two complaints are consolidated.
On October 10, 2016, Ms. Worthing filed a request for records with the Department. On October 18, 2017, she was notified by the Police Records Unit that the request had been given to the Department’s Public Information Officer. As of January 11, 2017, she had not received a response from this officer. This was a period of almost 90 days. The Department was notified about the complaint by IPIB on January 12, 2017. The attorney for the Department responded on January 13, 2017, that the record request had been misplaced and that Ms. Worthing would be contacted immediately.
Both parties then entered into communication to modify and fulfil the record request. On January 30, 2017, Ms. Worthing was notified that the records requested could be retrieved and released at a cost of $250.00. Ms. Worthing then filed the second complaint, requesting that the IPIB require the Department provide the records to her at no cost.
Ms. Worthing stated that the same records are provided to a business called Crimemapping.Com at no cost.
Crimemapping.Com is a company that provides software and other services to the Department under the terms of a contract or vendor agreement. The Department provided a copy of the hosting agreement. The records are not provided to Crimemapping.Com as a public records request, but rather pursuant to the contractual agreement.
The IPIB has no jurisdiction to direct the Department or any other government body to select one service vendor over another. This is not an Iowa Code chapter 21 or 22 issue, and, therefore, not an issue within the jurisdiction of the IPIB (See Iowa Code section 23.1).
The complaint is not a public records complaint. The fees quoted are based on the actual costs of the record search, retrieval, and release.
Both complaints are outside the jurisdiction of the IPIB. Iowa Code section 23.8(2) allows that such complaints can be dismissed.
IT IS SO ORDERED: Formal complaints 17FC:0004 and 17FC:0011 are consolidated and dismissed for lack of jurisdiction and as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Preliminary Order on March 16, 2017, and will make its final decision. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its final decision.
By the IPIB Interim Executive Director
_________________________________
Margaret E. Johnson, J.D.
Dated this _____ day of February, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2017, to:
IPIB
Ellen Worthing
Doug Philiph, counsel for the Des Moines Police Department