Date:
09/20/2018
Subject:
Michael McRae/Federal Bureau of Prisons - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Michael McRae, Complainant And Concerning: Federal Bureau of Prisons, Respondent |
Case Number: 18FC:0067 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Michael McRae filed formal complaint 18FC:0067 on August 14, 2018, alleging that the Federal Bureau of Prisons, Fort Des Moines Correctional Facility, violated Iowa Code chapter 22 by failing to release records he requested.
On June 6, 2018, Mr. McRae requested copies of all records and communications concerning him during the time he was detained on a federal detainer in the Iowa.
Since Mr. McRae was held on a federal detainer, the records he’s requesting are federal records. He has been advised to seek those records from the Central Office in Kansas City, Kansas.
The IPIB has jurisdiction over matters arising under Chapter 22 according to Iowa Code section 23.1. The requested records are not created or maintained by the State of Iowa or any subdivision of the state. Therefore, the IPIB does not have jurisdiction over this complaint.
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 all of those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0067 is dismissed as beyond the jurisdiction of the IPIB and 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 September 20, 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 September, 2018, to:
Michael McRae
Art Rabon, Fifth Judicial District D.C.S.