Date:
07/18/2019
Subject:
Kurt Kruse/City of Madrid - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Kurt Kruse, Complainant And Concerning: City of Madrid, Respondent |
Case Number: 19FC:0066 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On June 10, 2019, Kurt Kruse filed this formal complaint against the City of Madrid (City) alleging that the City had violated Iowa Code chapter 22 on June 6, 2019.
According to Mr. Kruse’s complaint, he has requested a copy of an audio/video recording made by law enforcement during an incident on May 26 and 27, 2018. He alleged that he has made a request for the recording “numerous” times.
When asked for additional details, Mr. Kruse stated he made the first request for the recording sometime between May 31 and the first week of June a year ago, in 2018. He stated he then requested the video on November 23, 2018; December 14, 2018; January 2, 2019; and finally on June 5, 2019. Each time he alleged he received a response that the incident remains under investigation by the City police department and would not be released.
On June 21, 2019, the City responded to his complaint through the city attorney. The city attorney responded that the recording is part of a peace officer’s investigative report and is being withheld as confidential pursuant to Iowa Code section 22.7(5).
Mr. Kruse, after review of this response, stated that the release of the video(s) should not impede a police investigation. He also stated that the Boone County sheriff’s office released their video from the same incident. Mr. Kruse believes that the City police officer did not use his body camera recording system and that there is no recording.
Mr. Kruse also alleged that at least one City council member has viewed a recording from this incident. The City attorney stated the named City council member denies viewing any video.
The initial request for the video recording, and the City’s denial, occurred more than 60 days ago, as required by Iowa Code section 23.7(1) for the IPIB to have jurisdiction over this matter. When advised of this statutory requirement, Mr. Kruse asked that the IPIB either obtain a copy of the video for him or confirm that no video exists.
Because it appears that the alleged violation occurred more than 60 days prior to the filing of this complaint, the IPIB does not have jurisdiction 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 all those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0066 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 July 18, 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 July, 2019, to:
Kurt Kruse
City of Madrid