21FC:0072 Willie Shorter/Davenport Police Department - Dismissal Order

Topics:

Formal Complaints

Date:
09/16/2021

Subject:
Willie Shorter/Davenport Police Department - Dismissal Order

Opinion:

 

The Iowa Public Information Board

In re the Matter of:

Willie Shorter, Complainant

And Concerning:

Davenport Police Department, Respondent

  

                      Case Number: 21FC:0072

                                  

                              Dismissal Order

              

 

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

On August 6, 2021, Willie Shorter filed formal complaint 21FC:0072, alleging that the Davenport Police Department (DPD) violated Iowa Code chapter 22.

Mr. Shorter alleged that on August 5, 2021, he requested copies of records listing officer names, body camera footage, and Report #2021-56607.  He alleged that he was not provided the records and told to file a request online.

He asked that the IPIB assist with access to the records.

Legal counsel for the DPD responded to the complaint on August 19, 2021.  An officer with the DPD called Mr. Shorter to discuss the records he wanted.  The surveillance tapes for both August 4, 2021, and August 5, 2021, were reviewed.  Mr. Shorter was not seen visiting the DPD on either date.

The DPD collected the records requested by Mr. Shorter and provided an invoice for the copying expenses.  He has been advised that he may collect his records upon payment.  

Upon further review, 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 fulfill those requirements.

IT IS SO ORDERED:  Formal complaint 21FC:0072 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 β€œdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on September 16, 2021.  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 September, 2021, to:

Willie Shorter (US mail)
Mallory Hoyt, assistant city attorney (email)