Date:
05/19/2022
Subject:
Jesse Adams/Sioux City Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jesse Adams, Complainant And Concerning: Sioux City Police Department, Respondent |
Case Number: 22FC:0023
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.
Jesse Adams filed formal complaint 22FC:0023 on March 24, 2022, alleging that the Sioux City Police Department (SCPD) violated Iowa Code chapters 21 and 22 on March 17, 2022.1
Mr. Adams alleged that on March 14, 2022, he requested to examine a police report on an alleged crime he reported with the SCPD. The records department told him that the police investigation was ongoing and refused to allow him to examine the report. On March 17, 2022, he then filed a request for a copy of the report pursuant to Iowa Code chapter 22. He alleged that as of March 24, 2022, he had not received the records.
Legal counsel for the SCPD replied to the complaint on April 26, 2022. Counsel stated that the incident which resulted in the police report occurred on March 14, 2022. On March 17, 2022, Mr. Adams first requested a copy of the report. At that time, SCPD considered the report confidential pursuant to Iowa Code section 22.7(5). The incident report had been referred to the County Attorney’s Office for review on whether to file criminal charges.
Counsel stated that Mr. Adams was referred to the County Attorney to determine whether he could receive a copy of the record. When he visited that office on March 18, 2022, he was again denied a copy. SCPD requested an expedited decision on the charging decision and was informed that no charges would be filed.
On April 4, 2022, SCPD sent an email to Mr. Adams, advising him of this decision and providing an invoice for the costs associated with the record release. Counsel stated that Mr. Adams contacted SCPD on April 5, 2022, which led SCPD to determine that an incorrect invoice had been sent. A revised invoice was sent on April 8, 2022.
Legal counsel added that the records remain available for release to Mr. Adams upon payment of the fees for its release.
Mr. Adams was provided an opportunity to comment on the response from the SCPD.
Iowa Code section 22.7(5) states that certain peace officer investigative reports are confidential:
5. 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.
Counsel for the SCPD stated that Mr. Adams, as the reporting party to the alleged crime, already knew the “date, time, specific location, and immediate facts and circumstances.” He was advised of the specific charge under investigation and the status of the investigation when referred to the County Attorney’s Office on March 17, 2022.
Therefore, the information required to be released by Iowa Code section 22.7(5) was properly released. It was not a violation of Iowa Code chapter 22 for the remainder of the investigative report to be withheld as confidential. The record was made available for release within 18 calendar days of his request. This is not an unreasonable or untimely delay.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet the necessary requirements for acceptance.
IT IS SO ORDERED: Formal complaint 22FC:0023 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 19, 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, J.D.
1. Mr. Adams later indicated that the complaint concerned a request for records (Chapter 22) and did not include Chapter 21, open meetings laws.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2022, to:
Jesse Adams
Connie Anstey, Assistant City Attorney, City of Sioux City