Date:
06/20/2019
Subject:
Shana Moss/Mapleton Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Shana Moss, Complainant And Concerning: Mapleton Police Department, Respondent |
Case Number: 19FC:0054 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Shana Moss filed formal complaint 19FC:0054 on May 20, 2019. She alleged that the Mapleton Police Department (MPD) violated Iowa Code chapter 22 by refusing to release a requested public record.
Earlier in the day on May 20, 2019, Ms. Moss requested a copy of a police report involving her daughter concerning a response by the MPD to her daughter’s home on February 19, 2019, to investigate an allegation of animal neglect. Her request was denied.
The legal counsel for the MPD responded to the complaint, stating that Iowa Code sections 622.11 and 22.7(5) authorized the MPD to decline the request. At the request of the IPIB, legal counsel provided the information required by Iowa Code section 22.7(5), which classifies the following record as confidential:
5. Peace officers’ investigative reports, privileged records or information specified in section 80G.2, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere in this Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential under this section, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and telephone billing records may only be kept confidential under this subsection if the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired.
The MPD response is attached as Exhibit A.
Legal counsel also stated that Iowa Code section 622.11 prohibits release of the requested record. Iowa Code section 622.11 states:
622.11 Public officers.
A public officer cannot be examined as to communications made to the public officer in
official confidence, when the public interests would suffer by the disclosure.
This section would not appear to be applicable in this situation as the request is for a record, not for the examination of the responding officer.
Ms. Moss is alleging that release of the police report is necessary for her daughter’s defense. However, her daughter would have access to the report for criminal defense purposes regardless of whether it is a public record.
Ms. Moss has been provided with the “date, time, specific location, and immediate facts and circumstances surrounding a crime or incident” as required by Iowa Code. Therefore, the complaint is legally insufficient and without merit.
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 19FC:0054 is dismissed 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 June 20, 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 June 2019, to:
Shana Moss
David Briese, legal counsel for Mapleton Police Department