Date:
01/20/2022
Subject:
Michael Funk/Cerro Gordo Sheriff Dept - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Michael Funk, Complainant And Concerning: Cerro Gordo County Sheriff Department, Respondent |
Case Number: 21FC:0123
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 December 22, 2021, Michael Funk filed formal complaint 21FC:0123, alleging that the Cerro Gordo County Sheriff Department (Sheriff) violated Iowa Code chapters 21 and 22.
Mr. Funk alleged that he made public records requests to the Sheriff on December 31, 2020; January 25, 2021; and February 12, 2021. He received various responses and requests for additional information. On March 21, 2021, he was informed that he had received all public records and that other records were confidential pursuant to Iowa laws.
Iowa Code section 23.7 requires that a complaint be filed “within sixty days from the time the alleged violation occurred”. More than 60 days elapsed between the denial of the request for the records and the filing of this complaint on December 22, 2021.
The IPIB, therefore, does not have jurisdiction over this complaint.
Mr. Funk did not provide any information or allegations concerning open meetings violations.
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:0123 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 January 20, 2022. 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 January, 2022, to:
Michael Funk
Carlyle Dalen, Cerro Gordo CountyAttorney