Date:
05/21/2020
Subject:
Martin Strait/Iowa Department of Corrections - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Martin Strait, Complainant And Concerning: Iowa Department of Corrections, Respondent |
Case Number: 20FC:0033 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Martin Strait filed formal complaint 20FC:0033 on March 24, 2020. He alleged that the Iowa Department of Corrections (DOC) violated Iowa Code chapter 22.
Mr. Strait stated that he requested the names of “I.S.P. mailroom staff and was denied this information….” He stated he received one denial in late February 2020, another time around February 12 or 13, 2020, and a third time on March 10, 2020. He added that DOC staff told him the information was confidential pursuant to Iowa Code section 904.602(10).
Cord Overton, communications director for the DOC, responded to the complaint. He stated that Iowa Code section 904.602 outlines numerous records that are confidential and are not subject to release pursuant to Iowa Code chapter 22.
Iowa Code section 904.602(10) states that staffing patterns and regulations are confidential as are daily operation records. Section 904.602(11) states that violation of this section is a serious misdemeanor.
Mr. Strait said he needs this information to file a civil action against mailroom staff for opening his legal mail in violation of DOC policy and rules. Iowa Code section 904.602(12) allows him to request a review of DOC confidential records by the court as part of his civil court proceedings.
The IPIB has jurisdiction to review and enforce the requirements of open meetings (Chapter 21) and public records (Chapter 22) laws. The records requested by Mr. Strait are “exempt from the public inspection requirements in section 17A.3 and section 22.2.”
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:0033 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 May 21, 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.
1. Iowa Code section 904.602(10) exempts the requested records from release under Chapter 22.
CERTIFICATE OF MAILING
This document was sent on the ___ day of May, 2020, to:
Martin Strait (by U.S. Mail)
Cord Overton (by electronic mail)