Date:
08/15/2019
Subject:
Seui Cavan/State of Iowa - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Seui Cavan, Complainant And Concerning: State of Iowa, Respondent |
Case Number: 19FC:0079 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On July 1, 2019, Seui Cavan filed formal complaint 19FC:0079 against the State of Iowa alleging that the State of Iowa violated Iowa Code chapter 22.
On June 19, 2019, Mr. Cavan received a letter from the Iowa Department of Public Safety in response to a record request he made to the State of Iowa. Mr. Cavan requested copies of analyses performed upon certain evidence collected as part of a federal criminal prosecution concerning him in 2009. The State response noted that the tested “Meth” evidence had been returned to the submitting agency on February 23, 2009. The testing analysis was protected as a confidential investigative report pursuant to Iowa Code section 22.7(5).
Mr. Cavan requested that the IPIB provide an exact duplicate of the report used in his criminal prosecution and the remaining material for retesting.
When notified of the complaint, Jeffrey Peterzalek, assistant attorney general, responded on behalf of the State of Iowa. Mr. Peterzalek responded that the evidence was collected and tested as part of a federal criminal prosecution “wherein the complaint pled guilty to a drug charge.”
He added that the complainant should have had access to prosecution evidence in 2009. The materials tested by the State of Iowa were returned to the Ankeny Police Department on February 23, 2009.
The testing report is a confidential record pursuant to Iowa Code section 22.7(5).
This information was provided to Mr. Cavan by letter dated July 9, 2019, with the suggestion that he should contact the Ankeny Police Department and inquire if the materials and report were still available.
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:0079 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 or First Class mail on the ___ day of August, 2019, to:
Seui Cavan (via First Class mail)
Jeffrey Peterzalek (via electronic mail)