Date:
12/13/2018
Subject:
Jonathan Miner/Black Hawk County Sheriff Office - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jonathan Miner, Complainant And Concerning: Black Hawk County Sheriff, Respondent |
Case Number: 18FC:0104 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Jonathan Miner filed complaint 18FC:0104 with the IPIB on October 31, 2018. 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 referenced a previous complaint (18FC:0085), which was dismissed by the IPIB as legally insufficient on October 18, 2018. In that complaint, he requested records concerning an incident at the Courthouse on September 26, 2018.
On October 23, 2018, Mr. Miner reported that he received more records from this request. He also received a copy of a letter from the Buchanan County attorney, dated October 18, 2018. That letter provided additional information from the September 26, 2018, Courthouse incident.
The Buchanan County attorney had been asked to review the September 26, 2018, incident to determine whether any legal action should be taken.
Mr. Miner stated he then requested additional records, labeling this request a “2nd request.” On October 31, 2018, the Sheriff notified Mr. Miner that the records were confidential pursuant to Iowa Code section 22.7(5) (peace officers’ investigative reports).
The Sheriff advised the IPIB on November 5, 2018, that the immediate facts and circumstances were given to Mr. Miner on September 26, 2018.
Mr. Miner advised the IPIB by email on November 6, 2018, that he received the letter from the Buchanan County attorney in which “the names of the parties involved was released thereby fulfilling the records requests properly.” However, he commented that the Sheriff was still in violation of public records laws because the records came from the Buchanan County attorney, not from the Sheriff.
He also alleged that there is a problem with asking the Buchanan County attorney to review the incident as this person is married to a deputy sheriff in Black Hawk county. This issue is not within the jurisdiction of the IPIB.
On November 20, 2018, the Sheriff advised Mr. Miner that the incident report was available upon payment of $10.00. When asked to identify the records that had not yet been released, Mr. Miner responded, “No worries about hearing from me i gave up on this board last week when I realized it wastes too much of my time.”
Mr. Miner’s statements imply that he has received the records he requested in formal complaint 18FC:0085. The letter from the Buchanan County attorney was originally sent to the Black Hawk County attorney and then provided to Mr. Miner. It is not a violation of Iowa Code chapter 22 for the Sheriff to request a review by another county.
In addition, Iowa Code section 23.8(2) states that a complaint that “relates to a specific incident that has previously been finally disposed of on its merits by the board” shall not be accepted.
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:0104 is dismissed as having been previously disposed of by the IPIB 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 December 13, 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 December, 2018, to:
Jonathan Miner
Pete Burk, legal counsel for the Sheriff