Date:
11/15/2018
Subject:
Tyson Ruth/City of Carroll - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Tyson Ruth, Complainant And Concerning: City of Carroll, Respondent |
Case Number: 18FC:0095 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Tyson Ruth filed complaint 18FC:0095 on October 15, 2018. In his complaint he alleged that the City of Carroll (City) violated Iowa Code chapter 22 by failing to provide copies of specific police departmental policies.
He requested copies of policies concerning “chain of evidence, chain of custody, confidential informants, confidential informant contracts, and controlled buys.”
On August 27, 2018, he was notified that the City does not have policies on these topics.
In response to the complaint, the city attorney confirmed that the City does not have policies concerning these topics. Therefore, the City has not withheld release of public records.
Chapter 22 of the Iowa Code does not require a government body adopt policies on police departmental matters.
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.
IT IS SO ORDERED: Formal complaint 18FC:0095 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 November 15, 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 U.S. mail or electronic on the ___ day of November, 2018, to:
Tyson Ruth
David Bruner, city attorney