Date:
10/15/2020
Subject:
Nicholas Korleski/City of Sioux City - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Nicholas Korleski, Complainant And Concerning: City of Sioux City, Respondent |
Case Number: 20FC:0100
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On September 29, 2020, Nicholas Korleski filed formal complaint 20FC:0100, alleging that the City of Sioux City (City) violated Iowa Code chapter 22 on July 15, 2020.
In the complaint, Mr. Korleski alleged that he had requested an unedited copy of a police officer’s “complaint/allegations record.” He was denied the record in a letter dated July 15, 2020. The reason stated for the denial was that the record requested was confidential pursuant to Iowa Code sections 22.7(4) and 22.7(11).
The City provided the information that is required to be released by Iowa Code section 22.7(11)(a)(1-5) in the July 15, 2020, letter.
In response to the complaint, legal counsel for the City stated that the July 15, 2020, denial set forth the grounds for denying the release of the record. Section 22.7(4) was applicable in that all internal affairs records are conducted by the City’s legal department “specifically to address potential litigation.” In addition, Iowa Code section 22.7(11) provides that certain personal information in personnel records is confidential, except for the information listed in subsections (a)(1) through (a)(5).
Counsel also noted that pursuant to Iowa Code section 23.7(1), the IPIB does not have jurisdiction over a complaint that is not filed within “sixty days from the time the alleged violation occurred….”
The alleged violation occurred on July 15, 2020. The complaint was filed on September 29, 2020, more than sixty days later. The IPIB does not have jurisdiction to proceed further with this complaint.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 20FC:0100 is dismissed as beyond the jurisdiction of the IPIB 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 October 15, 2020. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2020, to:
Nicholas Korleski
Nicole DuBois, city attorney for the City of Sioux City