Date:
10/18/2018
Subject:
Jonathan 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 |
Case Number: 18FC:0085
Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Dismiss.
Jonathan Miner filed complaint 18FC:0085 with the IPIB on September 26, 2018, at 2:39 p.m. He alleged that the Black Hawk County Sheriff’s Office (Sheriff) violated Iowa Code chapter 22 by not providing the public records he requested.
Mr. Miner submitted a copy of the record request he sent to the Sheriff and to the Black Hawk County Board of Supervisors earlier that same day (Exhibit 1).
Four requests were made:
1. Body camera footage from Chad Hagarty, an employee of the Sheriff.
2. “Contact” from deputies, including a deputy who detained him earlier that day.
3. Video footage of the incident recorded by Courthouse security cameras.
4. County abstract documenting county funding of an unnamed facility.
After the filing of this complaint, the parties copied the IPIB on email conversations between the parties concerning the record request. Mr. Miner was told that Mr. Hagarty did not wear a body camera. He was also provided the names of Sheriff employees present at the Courthouse that day.
The Sheriff is not the lawful custodian of the other two records: video footage at the Courthouse and county abstracts. Mr. Miner was advised of this via email at 3:16 p.m. Mr. Miner redirected this request to the supervisors at 3:24 p.m. The supervisors are not named as respondents.
Mr. Miner also copied the IPIB on an email where he makes comments about the behavior of deputies during the incident at the Courthouse. This is not a violation of Iowa Code chapters 21 and 22 and will not be addressed in this Order.
A later communication from the Sheriff also informs Mr. Miner that there could be fees involved in producing the records he requests. At 3:46, Mr. Miner withdrew a request for video footage and asked for the names of all deputies present. This was provided at 4:11 p.m.
The emails provided to the IPIB show that Mr. Miner was provided with the information he requested from the Sheriff within hours after he made his request, even though there were no public records in the custody of the Sheriff responsive to his request. Therefore, there is no evidence establishing a violation of Iowa Code 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. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0085 is 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 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 18, 2018, to:
Jonathan Miner
Sam Anderson, legal counsel for the Sheriff