Date:
10/18/2018
Subject:
Jonathan Miner/Iowa Department of Corrections - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jonathan Miner, Complainant And Concerning: Iowa Department of Corrections, Respondent |
Case Number: 18FC:0063 Order for Dismissal |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order for Dismissal.
Jonathan Miner filed complaint 18FC:0063 with the IPIB on July 26, 2018. He alleged that the Iowa Department of Corrections (IDOC) violated Iowa Code chapter 22 by withholding certain records he requested.
On July 26, 2018, Mr. Miner made an open records request to Mike Heinricy. Mr. Miner alleged that Mr. Heinricy denied having the records he requested. At that time, Mr. Miner requested the “entire record that was submitted to IDOC” concerning his visitation appeal.
Mr. Miner is requesting that the IPIB direct IDOC to release the entire record of his appeal as a public record.
The IDOC was advised of this complaint on August 24, 2018, following the resolution of other pending complaints filed by Mr. Miner. IDOC general counsel responded on September 11, 2018.
Counsel stated and provided verification that Iowa Code section 904.512 governs IDOC visitation procedures. Section 904.602(10) specifies that these procedures are exempt from the public inspection requirements of Chapter 22 (public records):
“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 are exempt from the public inspection requirements in section 17A.3 and section 22.2.”
The requested records are confidential pursuant to Iowa Code section 904.602(10).
In addition, Iowa Code section 17A outlines the procedure to be followed to appeal a final agency action. Such appeal should be filed in district court, not with the IPIB.
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 does not meet those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0063 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 October 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, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2018, to:
Jonathan Miner
Michael Savala, general counsel