Date:
03/16/2017
Subject:
Ellen Worthing / West Des Moines Police Department - Preliminary Order for Dismissal
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Ellen Worthing, Complainant And Concerning: West Des Moines Police Department, Respondent |
Case Number: 17FC:0007
PRELIMINARY ORDER FOR 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 23, 2017, Ellen Worthing filed a formal complaint against the West Des Moines Police Department (Department) alleging a violation of Iowa Code chapter 22.
On January 11, 2017, Ms. Worthing filed a request for records with the Department, requesting a log of all calls for police services as well as daily incidents that occurred in the City of West Des Moines between the dates of December 1, 2016, and January 11, 2017. She asked for the Department to provide the same information as was proved to “its crime mapping vendor”. She further asked that the information be provided in an Excel spreadsheet.
On January 19, 2017, the Department responded, indicating that the reports were read and that the fees for the reports totaled $10.00 for processing and $5.00 for each report (total of $10.00) and requesting payment of $20.00 before the reports would be sent.
In her complaint, Ms. Worthing stated she would not pay for the records as the Department did not charge its vendor, Crimemapping.Com, for the same records. Ms. Worthing also stated that the Department was discriminating against her company, Spotcrime, by not providing free copies of the reports.
As noted in Ms. Worthing’s other complaints (17FC:0004 and 17FC:0011), 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.
This complaint is outside the jurisdiction of the IPIB. Iowa Code section 23.8(2) allows that such a complaint can be dismissed.
IT IS SO ORDERED: Formal complaint 17FC:0007 is 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
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
Greta Truman, counsel for the West Des Moines Police Department