Date:
01/16/2020
Subject:
Jeff Reiners/Cedar Rapids Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jeff Reiners, Complainant And Concerning: Cedar Rapids Police Department, Respondent |
Case Number: 19FC:0145 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Jeff Reiners filed complaint 19FC:0145 with the IPIB on December 13, 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. Reiners alleged that on December 11, 2019, he filed a fourth request for public records including “any law enforcement investigative reports, including electronic recordings or telephone communications generated by or in the possession of a defendant or a police officer acting in the scope of his or her duties that were compiled as a result of the reporters own observation or investigation, including interviews or conversations with law enforcement at the scene of the incident that resulted in the injuries to Jerime Mitchell or lay witnesses to that event on November 1st, 2016.”
Mr. Reiners alleged that the CRPD responded on December 12, 2019, indicating that the requested records were available at the CRPD on two “CDs”. The cost of production was listed as $50.00.
In the complaint, Mr. Reiners noted that he originally requested the records in November 2016 and was denied. He also wants the records sent electronically and without requiring any fees for production of the records.
The CRPD responded to the complaint on December 16, 2019, noting that the records requested could not be transmitted electronically because the “email system cannot send or transmit the file sizes that this records request constitutes.” The CDs can be mailed to Mr. Reiners if he would provide a mailing address.
Mr. Reiners was notified by the IPIB that the records were available on CD due to the file sizes on December 17, 2019. He has not responded to either the CRPD or the IPIB as of this date.
It appears that Mr. Reiners has filed at least two other record requests for the same records in November 2016 and again in May 2017. CRPD’s attempts to coordinate those earlier record releases with Mr. Reiners were unsuccessful as well.
If Mr. Reiners can provide a mailing contact for delivery of the records, the CRPD will mail the two CDs.
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:0145 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 January 16, 2020. 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 January, 2020, to:
Jeff Reiners
Greg Buelow, Public Safety Communications Coordinator, Cedar Rapids Police Department