Date:
09/19/2019
Subject:
Linsey Tjernagel/Boone County Sheriff's Department - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Linsey Tjernagel, Complainant And Concerning: Boone County Sheriff’s Department, Respondent |
Case Number: 19FC:0105 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Linsey Tjernagel filed formal complaint 19FC:0105 on August 28, 2019. She alleged that the Boone County Sheriff’s Department (Sheriff) violated Iowa Code chapter 22 by failing to release public records.
On August 7, 2019, Ms. Tjernagel requested copies of “all correspondence between the sheriffs department, dispatch, communications, inner office emails or communication of any form via electronic, paper, or any other communication in any form, of or belonging to a government body or official pertaining to a deputy coming to/being dispatched to (her home address) on August 5th, 2019.” She specifically requested a copy of any body camera video footage from the responding officer.
After notification of the filing of this complaint, the Boone County Attorney filed a response on behalf of the Sheriff on September 4, 2019. The response stated that the records were confidential pursuant to Iowa Code sections 22.7(5) (peace officer investigative reports), 22.7(11) (personnel records), and 22.7(18) (communications to a government body not required by law to the extent that the government body could reasonably believe that the person would be discouraged from making such communication.)
In September 2018, the IPIB issued an advisory opinion, IPIB AO 2018-17, advising that a record custodian cannot withhold an otherwise public record by including such record in an employee’s personnel file.
However, the other two cited statutory provisions, concerning peace officer investigatory reports and non-government reporters to a government body, would define the records as confidential.
IPIB staff inquired whether the “the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident” were released to Ms. Tjernagel as required by Iowa Code section 22.7(5). It appeared that information may not have been specifically provided, although her written record request included that information. The County Attorney formally provided this information on September 5, 2019.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0105 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 September 19, 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 September, 2019, to:
Linsey Tjernagel
Daniel Kolacia, County Attorney for Boone County
Two separate law enforcement agencies responded to the complainant’s home on the date in question concerning a report that the complainant disciplined her minor daughters by restricting their cell phone privileges. One department determined no further review was necessary and released reports to complainant. The Sheriff indicated that the underlying allegations, as well as allegations concerning the conduct of the responding deputy, remain under review.