Date:
08/16/2018
Subject:
Jonathan Miner/Black Hawk County Sheriff Office - Order for Consolidation and Dismissal
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jonathan Miner, Complainant And Concerning: Black Hawk County Sheriff Office, Respondent |
Case Numbers: 18FC:0032, 18FC:0034, and 18FC:0049 Order for Consolidation and Dismissal |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Consolidate all three complaints and Dismiss.
Jonathan Miner filed three complaints with the IPIB. Each complaint alleges that the Black Hawk County Sheriff Office (Sheriff) has violated Iowa Code chapter 22 by failing to release certain records.
Formal Complaint 18FC:0032 was filed on April 19, 2018, and alleged that he had not received records he requested from the Sheriff on April 5, 2018. He requested cell phone records concerning work and personal use by the Sheriff and four named deputies for the month of March 2018. He also requested “electronic audio recording for all calls to Dispatch during the month of March 2018” as well as “all recorded video of the Black Hawk County Sheriff’s office lobby and any publicly accessible area taken during the month of March 2018.”
The attorney for Black Hawk County responded to the complaint, noting that the records requested were extensive and would require prepayment of the estimated expenses.
Formal Complaint 18FC:0034 was filed on May 1, 2018, and alleged that he filed a request for public records earlier that same day and had not received the records. He included a copy of his record request that was dated May 1, 2018, which included all cell phone records concerning the Sheriff, as well as other items not listed in the April record request. He also complained that the Sheriff had transferred the record request to the county attorney’s office.
On May 1, 2018, the Sheriff notified Mr. Miner that since some of the records he requested could be confidential under Iowa Code section 22.7, the request had been forwarded to the county attorney for review and response.
On May 14, 2018, the county attorney responded to both requests. He noted that some of the requests did not involve records. The rest could be retrieved, reviewed, and released once Mr. Miner provided the estimated costs.
Mr. Miner has not responded nor deposited the required fees. Iowa Code section 22.3(1) states that fulfillment of a public records request may be “contingent upon receipt of payment of expenses to be incurred….”
Formal Complaint 18FC:0049 was filed on June 14, 2018, and alleged that his prior two complaints had not been thoroughly investigated and resolved to his satisfaction. He has not received his records, is not willing to pay for these records, and believes the fees quoted are excessive and improperly restrict access to public records.
IPIB staff requested an explanation of the fees quoted. The Sheriff responded as follows:
Item 1. Sheriff Thompson's cell phone text messages, voicemails, incoming, outgoing phone calls, if they exist and if they are releasable.
Charges from the phone company associated with the request estimated at $50.00
Sheriff Thompson and I would need to look at each and every phone entry to determine if its releasable. Examples of non-releasable records would include active investigations, confidential informants, etc. Estimated costs. Sheriff Thompson hourly rate is approx. $50.00/hr, Deputy Hoffman $30.00/hr x 6-12 hours = $480.00 to $960.00
Items 2, 3, 9 Sheriff's duty roster. Sheriff's training manual for new hires. Instruction manual for body worn cameras (Wolfcom brand)
Deputy Hoffman $30.00/hr x 2 = $60.00
Item 4 Investigative training certificates or the most recent date of investigative training for all Deputy's, detectives, and any other investigative staff.
Deputy Hoffman would have to look at each staff members training file and identify if they attended any type of investigative training and the date of that training. Approx 80 Sworn Staff.
Deputy Hoffman $30.00/hr x 10 = $300.00
Item 11. Recorded video of the Black Hawk County Sheriff's lobby and any publicly accessible area taken during the month of April 2018.
Deputy Hoffman would have to retrieve the camera footage from the areas requested for the month of April. Deputy Hoffman $30.00/hr x 5 = $150.00 Large removable media device $150.00
Item 5. Current Body Camera Count
This is not a request for a public record
Item 6. Total Body Camera Count
This is not a request for a public record
​
Item 7. Total charges Body Camera Batteries
This is not a request for a public record
Item 8. Total Body Cameras that require charging
This is not a request for a public record
Mr. Miner has been advised by the IPIB of the breakdown of estimated expenses to recover the requested records. On July 11, 2018, he responded by email, stating:
The fees are excessive and done to prevent release of the records. In 7 minutes, I went through 112 text messages screenshotted and saved, and these guys want $960. I will be filing a lawsuit against the county. I tried to walk in and submit a bill to the county on paper like this and they won't pay it. There is not a single record requested that is confidential, or that is anywhere near the excessive costs here. I have spoken to the Governor's office today, and I intend to reach out to the ACLU and USDOJ. Thanks for your time here.
Iowa Code section 22.3 allows a government body to require prepayment of estimated fees prior to initiating a response to a record request. Fees are to be based upon the actual costs of retrieval and copying. An extensive record request, especially when it involves potential confidential peace officers investigative reports, can incur substantial fees. There is not adequate evidence to establish a violation of Chapter 22.
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. These complaints do not meet those requirements.
IT IS SO ORDERED: Formal complaints 18FC:0032, 18FC:0034, and 18FC:0049 are consolidated and 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 “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on August 16, 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, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2018, to:
Jonathan Miner
Brian Williams, Black Hawk County Attorney