Date:
01/18/2018
Subject:
Debbie Wessels/Department of Corrections - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Debbie Wessels, Complainant And Concerning: Department of Corrections, Respondent |
Case Number: 17FC:0071 Dismissal Order |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On October 4, 2017, Debbie Wessels filed formal complaint 17FC:0071, alleging that the Iowa Department of Corrections (DOC) violated Iowa Code chapter 22. Specifically, she stated that as of October 4, 2017, DOC had not responded to a public records request for correctional facility security footage made on September 13, 2017. She requested assistance in obtaining the requested video surveillance footage from the correctional facility.
DOC responded that Iowa Code section 904.602(10) exempts this record from public release. That section states:
10. Regulations, procedures, and policies that govern the internal administration of the department and the judicial district departments of correctional services under chapter 905, which if released may jeopardize the secure operation of a correctional institution operation or program are confidential unless otherwise ordered by a court. These records include procedures on inmate movement and control, staffing patterns and regulations, emergency plans, internal investigations, equipment use and security, building plans, operation, and security, security procedures for inmate, staff, and visits, daily operation records, and contraband and medicine control. These records are exempt from the public inspection requirements in section 17A.3 and section 22.2. (Emphasis added)
In 2014, the IPIB dismissed a formal complaint, 14FC:0060, because the IPIB does not have jurisdiction to interpret this statute. Iowa Code section 23.1 limits IPIB jurisdiction to Iowa Code chapter 21 and 22.
Iowa Code section 22.7(50) defines this record as a confidential physical infrastructure record, as the release of the record could reasonably be expected to jeopardize the security of the correctional facility. Release of this record would provide details as to the security of the facility and the range and effectiveness of the security system.
Ms. Wessels was able to review the footage under the supervision of the DOC on July 27, 2017, and on November 1, 2017. Her ability to view the footage was based upon her presence at the time that the security video was recorded, not upon any public record determination.
Iowa Code section 23.8 requires that a complaint be within the IPIBβs jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint is not within the jurisdiction of the IPIB and is also legally insufficient.
IT IS SO ORDERED: Formal complaint 17FC:0071 is dismissed as not within the jurisdiction of the IPIB 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 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 January 18, 2018. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson
Dated this ____ day of _________, 2018.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of ________, to:
Debbie Wessels
Cord Overton, DOC
Molly Webber, counsel for DOC