Date:
05/18/2017
Subject:
Greg Crump / Urbandale Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Greg Crump, Complainant And Concerning: Urbandale Police Department, Respondent |
Case Number: 17FC:0009 DISMISSAL ORDER |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Greg Crump filed this complaint on January 28, 2017, a Saturday, alleging the Urbandale Police Department (UPD) violated Iowa Code chapter 22 by failing to release a public record. Specifically, he alleged that on December 6, 2016, he requested a copy of a CAD report from Westcom Dispatch in West Des Moines, Iowa. Westcom is a consolidated public safety dispatch facility that receives public safety related calls and dispatches police, fire, and emergency medical services for the cities of West Des Moines, Clive, Urbandale, and Norwalk.
Mr. Crump paid the $5.00 cost for the report and was asked to return later in the day to pick up the report. Upon his return, he alleged that he was advised that a person from the UPD had determined that the report would not be provided to him.
He also noted that he had asked for and received similar CAD reports in the past without issue. He added that he was not refunded the $5.00 fee.
On Monday, January 30, 2017, the UPD police chief was notified by email of the complaint. The police chief was on vacation and returned to work on February 2, 2017. He responded on that date, stating that the UPD did not object to the release of the requested CAD report. Upon further investigation, it was determined that an officer with a multi-agency investigative task force had advised Westcom not to release this specific report because of concerns about an ongoing criminal investigation. Although the officer is employed by the UPD, he is assigned to the task force. He had also directed that Mr. Crump receive a refund.
The UPD police chief continued to investigate who withheld the document and why. On February 9, 2017, the task force detective was located and contacted, and the withheld record was released to Mr. Crump.
During the investigation by the UPD police chief, he decided that a review policy should be implemented to require UPD supervisory review of any future officer or detective decision to withhold a UPD record. This policy would be provided to Westcom to avoid a future situation such as this.
A CAD report contains information about calls in and out of dispatch. Such reports typically contain the information required to be released pursuant to Iowa Code section 22.7(5): “the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident….” In addition, the CAD report can contain information surrounding the purpose of the call, such as executing a search warrant, and a listing of the activities of responding officers.
Iowa Code section 22.7(5) allows a lawful custodian to withhold such information “in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual.” This particular CAD report did reflect certain information that might have been appropriately withheld for this reason, but this reason was not provided in the initial withholding of the records. Best practices would be for the lawful custodian to provide the reason (or reasons) for not releasing a record.
Mr. Crump requested the record from CAD on December 6, 2016. The UPD police chief was not notified of the record request until February 2, 2017. The record was released seven calendar days later. The UPD has taken steps to prevent this from occurring in the future.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint is within the jurisdiction of the IPIB and may be legally sufficient. However, the complaint is of questionable merit given the fact that the report could have been legally withheld.
IT IS SO ORDERED: Formal complaint 17FC:0034 is dismissed as without merit 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 Order on May 18, 2017, and 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
__/ss/_______________________________
Margaret E. Johnson
Dated this 10th day of May, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the 10th day of May, 2017, to:
IPIB
Greg Crump
Urbandale Police Department, Chief McCarty