Date:
07/20/2017
Subject:
Ricardo Avila/ Adams County Sheriff Department - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Ricardo Avila, Complainant And Concerning: Adams County Sheriff and Attorney, Respondents |
Case Number: 17FC:0044 DISMISSAL ORDER |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Ricardo Avila filed complaint 17FC:0044 on May 23, 2017, alleging that the Adams County Sheriff and the Adams County Attorney (County) violated Iowa Code chapter 22 by failing to provide a record he requested.
Mr. Avilas reported that on May 19, 2017, he requested a copy of his case file and certain dispatch calls for the time period of December 20, 2012, to May 19, 2017. He asked that the IPIB assist him in getting the records he requested.
A copy of his complaint was forwarded to the County on May 24, 2017. The county attorney indicated that the records were being compiled on that date. The records were made available to Mr. Avila on May 25, 2017. There was only one 911 call, as older calls had been deleted by the recording system. The recording system automatically deletes any calls that are not specifically saved by law enforcement.
Mr. Avila does not have internet access or telephone service, so electronic mail was not possible. On May 30, 2017, his brother contacted this office to confirm that the records were received.
The information requested was released to Mr. Avila within six calendar (four business days). Due to a lack of telephone service and email access, all communication with Mr. Avila is completed through the mail service.
Iowa Code section 23.8 requires that a complaint be within the IPIBβs jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint is within the jurisdiction of the IPIB. However, the complaint is legally insufficient and without merit.
IT IS SO ORDERED: Formal complaint 17FC:0044 is dismissed as legally insufficient and 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 βdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.β The IPIB will review this Order on July 20, 2017. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of the decision.
By the IPIB Interim Executive Director
_______________________________
Margaret E. Johnson
Dated this ___ day of ______, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of ____, 2017, to:
IPIB
Andrew Knuth, Adams County Attorney
And by regular mail to:
Ricardo Avila