20FC:0004 James Banks/Des Moines Police Department - Dismissal Order

Date:
02/20/2020

Subject:
James Banks/Des Moines Police Department - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of: James Banks, Complainant And Concerning: Des Moines Police Department, Respondent

Case Number: 20FC:0004                                                              Dismissal Order

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On January 12, 2020, James Banks filed a formal complaint against the Des Moines Police Department (DMPD) alleging a violation of Iowa Code chapter 22.

Mr. Banks alleged that the DMPD violated public records laws by failing to provide “the results of the formal investigation of disciplinary actions” for two named officers.  He alleged that he made this request on December 15, 2019. He asked the IPIB to require the release of the records.

A spokesperson for the DMPD responded to the complaint, noting that internal investigative notes and disciplinary records are confidential.  He added that the officers were not terminated, demoted, or resigned in lieu of discharge.

Iowa Code section 22.7(11) states that the following personnel records are confidential:

11. a. Personal information in confidential personnel records of government bodies relating to identified or identifiable individuals who are officials, officers, or employees of the government bodies. However, the following information relating to such individuals contained in personnel records shall be public records:

 

(1) The name and compensation of the individual including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to this section or any other applicable provision of law. For purposes of this paragraph, “compensation” means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer, or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits, and deferred compensation.

 

(2) The dates the individual was employed by the government body.

 

(3) The positions the individual holds or has held with the government body.

 

(4) The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held, and dates of previous employment.

 

(5) The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.  For purposes of this subparagraph, "demoted" and "demotion" mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade.

 

Subsection 11(a)(5) requires the release of the “documented reasons and rationale” when an employee resigns in lieu of termination, is discharged, or is demoted as the result of a disciplinary action.  However, this does not require the release of the records maintained within that personnel file. The IPIB, in advisory opinion 2018-0008, advised that  “government bodies must say which law, rule, or policy, if any, they believe the employee violated and provide at least one sentence about the behavior or incident that triggered the action.  The explanation should include details, such as the date(s) of alleged behavior, location, and how it was discovered.”

 

The personnel records of the officers named remain confidential.  The DMPD is not required to release the requested confidential records.

 

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 20FC:0004 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 February 20, 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

 

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the ___ day of February, 2020, to:

 

James Banks

Paul Parizek, public information officer, Des Moines Police Department