Date:
05/20/2021
Subject:
Christine Knapp/Des Moines County Sheriff - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Christine Knapp, Complainant And Concerning: Des Moines County Sheriff, Respondent |
Case Number: 21FC:0032
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 April 22, 2021, Christine Knapp filed formal complaint 21FC:0032, alleging that the Des Moines County Sheriff (Sheriff) violated Iowa Code chapter 22.
Ms. Knapp alleged that the Sheriff violated Iowa Code chapter 22 by not releasing a copy of a report from the Sheriff’s office concerning her arrest on June 21, 2019, for violating a trespass order in a criminal matter involving her. She alleged that the Sheriff had advised her that the requested document was considered confidential pursuant to Iowa Code section 22.7(5). The Sheriff advised her that the record was available to her through the discovery process, but was not a public record.
The Sheriff responded to the complaint on April 22, 2021, stating that the matter is pending trial and any specific reports in the peace officer’s investigative report were considered confidential pursuant to Iowa Code section 22.7(5) and would not be released as public records. He added that Ms. Warth (aka Ms. Knapp) had made “multiple requests for the reports” through his office and each time had been referred to the Des Moines County Attorney’s Office to request discovery.
Iowa Code section 22.7(5) states that certain law enforcement records are confidential:
Peace officers’ investigative reports, privileged records or information specified in section 80G.2, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere in this Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential under this section, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and telephone billing records may only be kept confidential under this subsection if the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired.
Ms. Knapp was advised by the IPIB on April 23, 2021, that while she has access to this peace officer’s investigative report through a discovery process, this did not mean that the records were accessible as public records. As a result, there is no violation of Iowa Code chapter 22.
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 21FC:0032 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 20, 2021. 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
1. Ms. Knapp did receive, and provided to the IPIB a copy of, the Complaint and Affidavit for her arrest on June 21, 2019, which provided all the information required to be released pursuant to Iowa Code section 22.7(5): “date, time, specific location, and immediate facts and circumstances surrounding a crime or incident.”
2. Ms. Knapp provided a copy of an email she sent to her attorney on April 23, 2021, requesting that her attorney request the evidence through the discovery process.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2021, to:
Christine Knapp
Kevin Glendening, Des Moines County Sheriff
Lisa Schaefer, Des Moines County Attorney