Date:
05/17/2018
Subject:
David Boll/Buchanan County Sheriff - Revised Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: David Boll, Complainant And Concerning: Buchanan County Sheriff, Respondent |
Case Number: 18FC:0025 REVISED DISMISSAL ORDER
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Revised Dismissal Order:
On April 2, 2018, David Boll filed this formal complaint, alleging that the Buchanan County Sheriff (Sheriff) violated Iowa Code chapter 22 by failing to release a public record earlier that day. Mr. Boll requested a copy of a 911 emergency call that occurred on March 29, 2018. As a result of this call, Mr. Boll was charged with a criminal offense.
The Buchanan County attorney responded that the record is part of a peace officer’s investigative report and evidence in Mr. Boll’s pending criminal case. He noted that Mr. Boll can receive a copy of the call through a discovery request for evidence in his criminal case pursuant to Iowa Rule of Criminal Procedure 2.14.
Although 911 calls are public records, this recording can be withheld as confidential pursuant to Iowa Code section 22.7(5). This code section defines a peace officer’s investigative report as a confidential record, and, as such, not subject to general release as a public record.
Mr. Boll has been advised that he can access the 911 call through a discovery request.
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 does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0025 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 May 17, 2018. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
Dated this _____ day of _______, 2018.
Cc: David Boll
Shawn Harden, Buchanan County Attorney