Date:
08/15/2019
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: 19FC:0076 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 19FC:0076 with the IPIB on June 24, 2019. He alleged that the Cedar Rapids Police Department (CRPD) violated Iowa Code chapter 22 by not providing the public records he requested.
In his complaint, Mr. Buchheim alleged that on April 23, 2019, he requested all “transactions, activity, or queries related to the creation, editing, completion, printing, acknowledgement, or submission” of a specific traffic citation, including, but not limited to “the date, time, device, User PIN number, unit number, and any other transaction, location, or device identifying information.” He also requested all “meta data” in raw form generated by the e-ticketing system.
In response, CRPD, through its record custodian, stated that a copy of the citation was released on May 7, 2019, that provided all the information available through CRPD. “Meta data” was requested by Mr. Buchheim in a subsequent record request dated May 7, 2019, and would only be available from the Iowa Department of Public Safety as the lawful custodian.
Mr. Buchheim can submit his May record request to the Iowa Department of Public Safety. The CRPD provided all records within its custody.
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:0076 is dismissed as legally insufficient 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 August 15, 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 August, 2019, to:
Ryan Buchheim (by US Mail)
Sherri Hawkins, records supervisor, Cedar Rapids Police Department