Date:
07/21/2022
Subject:
Todd Prichard/Iowa Department of Corrections - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Todd Prichard, Complainant And Concerning: Iowa Department of Corrections, Respondent |
Case Number: 22FC:0041
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.
Todd Prichard filed formal complaint 22FC:0041 on May 13, 2022, alleging that the Iowa Department of Corrections (DOC) violated Iowa Code chapter 22 on May 10, 2022.1
Representative Prichard alleged in his complaint:
The Department of Corrections is in possession of a study and report making recommendations to address safety issues within the Iowa Department of Corrections in light of recent violent attacks on Correctional staff. Such report contains information and recommendations that should be made available to the public. The subject report was completed in late 2021 and was commissioned in the aftermath of two staff murders at Anamosa penitentiary. Said report was prepared and completed by a company known as CGL.
Rep. Prichard asked the IPIB to review the complete report and release parts that are not required to be kept confidential. He did not provide documentation of any record request made by him to the DOC.
Loraine Wallace, an assistant attorney general, responded to the complaint on behalf of the DOC. She stated that the request from Rep. Prichard to the IPIB does not allege a violation of Iowa Code chapter 22, and, therefore is beyond the jurisdiction of the IPIB.
In addition, she stated that the report is confidential and cannot be released pursuant to Iowa Code section 904.602(10):
Regulations, procedures, and policies that govern the internal administration of the department and the judicial district departments of correctional services under chapter 905, which if released may jeopardize the secure operation of a correctional institution operation or program are confidential unless otherwise ordered by a court. These records include procedures on inmate movement and control, staffing patterns and regulations, emergency plans, internal investigations, equipment use and security, building plans, operation, and security, security procedures for inmate, staff, and visits, daily operation records, and contraband and medicine control. These records are exempt from the public inspection requirements in section 17A.3 and section 22.2. (Emphasis added.)
Iowa Code section 904.602(11) makes a violation of this section a serious misdemeanor.
The IPIB has the authority to “secure compliance with and enforcement of” the requirements of Iowa Code chapters 21 and 22.2 The IPIB does not have the authority to release records that are exempt from public inspection.3
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:0041 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 July 21, 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. Todd Prichard is a representative from Charles City, IA.
2. Iowa Code section 23.1.
3.Ms. Wallace added that Rep. Prichard, in his position as a state representative, has a copy of the full report. The DOC has published a summary of the report for the public.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2022, to:
Representative Todd Prichard
Loraine Wallace, assistant attorney general