Date:
01/18/2018
Subject:
Jonathon Miner/Black Hawk County Sheriff - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jonathan Miner, Complainant And Concerning: Black Hawk County Sheriff, Respondent |
Case Number: 17FC:0084 Dismissal Order |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On November 26, 2017, Jonathan Miner filed formal complaint 17FC:0084, alleging that the Black Hawk County Sheriff (Sheriff) violated Iowa Code chapter 22. Specifically, he stated that on November 22, 2017, the Sheriff failed to answer questions he had about an officer involved shooting incident that occurred on that same day.
Further information was requested of the complainant to determine whether the complaint was legally sufficient. Mr. Miner provided a series of emails exchanged by the Sheriff and him concerning when additional information (in particular the name of the involved officer) about the incident would be released. The responses from the Sheriff indicate that the information would be released as soon as the individual had been interviewed by the Sheriff’s Department.
The Sheriff issued a press release, naming the officer, on November 30, 2017.
There does not appear to be any request for release of a record, but instead requests for certain questions to be answered. In any event, the questions were answered within five business days, after law enforcement had the opportunity to question the officer.
From the information presented, it appears that the Sheriff met the statutory requirements of Iowa Code section 22.7(5).
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint is not legally sufficient.
IT IS SO ORDERED: Formal complaint 17FC:0084 is dismissed 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 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:
Jonathan Miner
Tony Thompson, Black Hawk County Sheriff
Brian Williams, Black Hawk County Attorney