Date:
08/15/2019
Subject:
Rhonda Tang/Iowa Department of Public Safety - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Rhonda Tang, Complainant And Concerning: Iowa Department of Public Safety, Respondent |
Case Number: 19FC:0086 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Rhonda Tang filed formal complaint 19FC:0086 with the IPIB on July 12, 2019. In her complaint, she alleged that the Iowa Department of Public Safety (DPS) violated Iowa Code chapter 22 by failing to release certain records.
Ms. Tang requested copies of records from DPS on June 16, 2019. The records requested were from an earlier record request made to the Cedar Rapids Police Department.
Counsel for DPS responded to the record request and denied the request, citing Iowa Code sections 22.7(5) and 22.7(9). (See Exhibit A)
Iowa Code section 22.7(5) states that the following record is 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.
Iowa Code section 22.7(9) states that the following record is confidential:
9. Criminal identification files of law enforcement agencies. However, records of current and prior arrests and criminal history data shall be public records.
As noted in the DPS response, referencing a recent court decision, Iowa Code section 22.7(5) applies whether an investigation is active or inactive, open or closed. The other requested records are protected by Iowa Code section 22.7(9) and by federal law. Failure to follow the requirements of federal law could result in Iowa law enforcement agencies losing access to a vital investigative tool.
Withholding the requested records is allowed pursuant to Iowa Code section 22.7(5) and 22.7(9).
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:0086 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:
Rhonda Tang
Iowa Department of Public Safety
Ms. Tang previously filed formal complaint 19FC:0051 against the Cedar Rapids Police Department. In the dismissal Order, it was noted that DPS was the lawful custodian of some of the requested records. Ms. Tang then submitted the record request to DPS. (See Exhibit A)