18FC:0109 Ryan Buchheim/Cedar Rapids Police Department - Dismissal Order

Topics:

Formal Complaints

Date:
12/13/2018

Subject:
Ryan Buchheim/Cedar Rapids Police Department - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Ryan Buchheim, Complainant

And Concerning:

Cedar Rapids Police Department,  Respondent

  

            Case Number: 18FC:0109

 

                               Dismissal Order

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Ryan Buchheim filed complaint 18FC:0109 with the IPIB November 26, 2018.   He alleged that the Cedar Rapids Police Department (CRPD) violated Iowa Code chapter 22 by not providing the public records he requested.


On October 25, 2018, Mr. Buchheim requested certain audio recordings from the CRPD.  He included the fees for the production of the recordings and requested that the records be sent to his attorney.  As of November 20, 2018, neither he nor his attorney had received the records.

The CRPD responded to the complaint by providing a copy of the receipt and the record indicating that the audio recording was sent to the attorney on October 26, 2018.  When contacted by the CRPD, the attorney looked again for the record and stated that it had been received. The record had been misplaced, and the attorney was unaware he had it.


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:0109 is dismissed as being 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 β€œdelegate 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:

 

Ryan Buchheim (by US Mail)

Sherri Hawkins, records supervisor, Cedar Rapids Police Department