Date:
07/15/2021
Subject:
christine Knapp/State of Iowa Dept of Corrections - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Christine Knapp (AKA Warth), Complainant And Concerning: State of Iowa/Department of Corrections, Respondent |
Case Number: 21FC:0050
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 June 22, 2021, Christine Knapp filed formal complaint 21FC:0050, alleging that the State of Iowa/Department of Corrections (DOC) violated Iowa Code chapter 22.
Ms. Knapp alleged that DOC violated Iowa Code chapter 22 by maintaining her name on an ‘offender search’ on the Iowa Department of Corrections (DOC) website and by failing to provide a record she requested on or about June 19, 2021, that “has me listed as an offender on the DOC website.”
Ms. Knapp filed a similar complaint against the DOC on February 18, 2021, under the name Christine Warth. That complaint, 21FC:0010, was dismissed by the IPIB as legally insufficient and without merit on March 18, 2021.
Ms. Knapp provided a copy of the information concerning her that is accessible on the DOC website. She has asked that the DOC remove all reference to her from the DOC website.
Legal counsel responded to the complaint and stated:
The Department of Corrections' website displays public information related to supervision provided either by a Judicial District Department of Correctional Services or the Iowa Department of Corrections. In this instance this information includes that this constituent has received pretrial release supervision for a class D felony charge. Upon the outcome of her hearing before the court, if the constituent's judgement is deferred or case dismissed, that information will be removed from the website at that time. Or, if they are assigned additional supervision requirements, either in the community or a state correctional institution, the information will automatically be updated to reflect this change. As to the request for records, the Department is not the custodian of any records related to this individual. (Emphasis added.)
Ms. Knapp’s pretrial conference is currently scheduled for August 2, 2021, with trial set for August 17, 2021, in Des Moines County case FECR008573. According to an Iowa Courts Online Search, she posted bond on September 25, 2020, and continues on bond pending trial.
The Iowa Department of Corrections maintains information about individuals booked into jails and prisons in Iowa at https://doc.iowa.gov/offender/search. These records are also considered public records.
Ms. Warth has not provided any new information to substantiate a violation of Iowa Code chapter 22 by the DOC. The website information is the only record maintained by the DOC.
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:00050 is dismissed as legally insufficient and without merit and because it is related to a specific incident that has previously been finally disposed of by 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 July 15, 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 has previously filed complaints with the IPIB under the last name ‘Warth.’
2. On October 12, 2020, Ms. Knapp filed a similar complaint against the Henry County Sheriff. That complaint (20FC:0104), was dismissed by the IPIB as legally insufficient and without merit on November 19, 2020
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2021, to:
Christine Warth
Cord Overton, Iowa Department of Corrections