Date:
01/28/2019
Subject:
Brent Busch/Cedar Rapids Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Brent Busch, Complainant And Concerning: Cedar Rapids Police Department, Respondent |
Case Number: 18FC:0112 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Brent Busch filed formal complaint 18FC:0112 on December 3, 2018. He alleged that the Cedar Rapids Police Department violated Iowa Code chapter 22 by failing to release records he requested.
Mr. Busch filed his record request on June 4, 2018, in conjunction with his formal complaint concerning the actions of a police officer. His complaint was formally dismissed on July 31, 2018. He continued to request records concerning the officer and was again advised that the records were confidential pursuant to Iowa Code section 22.7(11) on September 3, 2018.
Iowa Code section 23.7(1) requires that a complaint be filed within 60 days of the action alleged to be in violation of chapters 21 or 22. This complaint exceeds that jurisdictional limitation.
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:0112 is dismissed as beyond the jurisdiction of 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 January 28, 2019. 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 January 2019, to:
Brent Busch
Sherri Hawkins, records division supervisor, Cedar Rapids Police Department