Date:
12/19/2019
Subject:
Aristeo Diaz/Perry Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Aristeo Diaz, Complainant And Concerning: Perry Police Department, Respondent |
Case Number: 19FC:0134 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Aristeo Diaz filed formal complaint 19FC:0134 on November 19, 2019. He alleged that the Perry Police Department (Department) violated Iowa Code chapter 22.
Mr. Diaz alleged in his complaint that on August 30, 2019, he filed a request for records with the police chief at the Department, requesting copies of a warrant, a warrant application, the complainant’s allegations, and all photographs taken of his residence in the summer of 2013. Mr. Diaz did not provide a copy of the record request to the IPIB when asked to do so.
When notified of his complaint, the Department stated that there was an initial delay in gathering the records due to vacation schedules and remodeling of the record room, but that the records were copied and ready for him to pick up. The Department had attempted to contact him by telephone in order to notify him, but his voice mailbox was full and messages could not be left.
After the IPIB provided his email address, the Department was able to send an email to Mr. Diaz on November 22, 2019. The IPIB also notified Mr. Diaz by email that the records were ready on November 26, 2019. Mr. Diaz picked up the records on December 10, 2019.
It appears that the delay in the release of the records is partly due to a lack of contact information provided by Mr. Diaz.
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:0134 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 December 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 December, 2019, to:
Aristeo Diaz
Eric Vaughn, police chief
Sven Peterson, city administrator
DuWayne Dalen, city attorney