18FC:0120 Lee Rood/Woodward Police Department - Dismissal Order

Date:
02/21/2019

Subject:
Lee Rood/Woodward Police Department - Dismissal Order

Opinion:

The Iowa Public Information Board

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

Lee Rood filed complaint 18FC:0120 with the IPIB December 13, 2018.   She alleged that the Woodward Police Department (WPD) violated Iowa Code chapter 22 by not providing the public records she requested.

On December 3, 2018, Ms. Rood requested incident reports concerning Woodward Academy for a period of five years.

That same day, the police chief provided a call list from 2016 and stated he would have to retrieve the earlier lists from other people who had access to the programs used prior to 2016.  Ms. Rood asked if she could get actual incident reports rather than call logs. The police chief then replied that he would “work” on that. No further communication was received prior to the filing of this complaint nine calendar days later.

Ms. Rood did not file her record request with her complaint.  She provided that information on December 18, 2018, at which time the complaint was forwarded to the WPD.  On December 20, 2018, the police chief stated that he would process the record request.

The records were not released until January 29, 2019, despite follow-up contact by the IPIB.  When questioned about this delay, the WPD, through counsel, responded that the WPD “does not have programs such as ‘police sleuth’ that larger departments have to pull up the requested information quickly….”  Counsel also stated that the WPD also had some concerns about whether police records concerning juveniles need to be handled differently.

Iowa Code section 232.147 was recently amended to provide that certain juvenile records are considered to be confidential:

232.147 Confidentiality of juvenile court records.

1. Juvenile court social records shall be confidential. They shall not be inspected and their contents shall not be disclosed except as provided in this section or as authorized by other provisions in this chapter….  3. Official juvenile court records in all cases alleging the commission of a delinquent act except those alleging the commission of a delinquent act that would be a forcible felony if committed by an adult shall be confidential and are not public records.

The city attorney was able to assist the WPD to determine which records, if any, in this complaint or in future complaints, would be subject to the protections of Chapter 232.  It is anticipated that any future record requests can be fulfilled more expeditiously.

Based upon the factual circumstances of this complaint, there does not appear to be sufficient evidence to accept the complaint.  

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:0120 is dismissed as being legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).   However, the WPD, and other lawful custodians, should communicate issues such as difficulties in retrieving records or uncertainty in interpreting confidentiality laws as soon as those issues arise.  Had that occurred in this situation, a formal complaint could have been avoided.

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 February 21, 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 February, 2019, to:

Lee Rood

Dwayne Dalen, attorney for the Woodward Police Department