Date:
09/15/2022
Subject:
Michael Merritt/Iowa State University Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Michael Merritt, Complainant And Concerning: Iowa State University Police Department, Respondent |
Case Number: 22FC:0074
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.
Michael Merritt filed formal complaint 22FC:0074 on August 3, 2022, alleging that the Iowa State University Police Department (ISUPD) violated Iowa Code chapter 22 on April 26, 2022.
Mr. Merritt provided a copy of a record request that he filed with the ISUPD on April 18, 2022, requesting certain records. He included a copy of an email he received from the ISUPD on April 22, 2022, which acknowledged his record request and stated that the requested records were confidential pursuant to Iowa Code section 22.7(5) (peace officers investigative reports).
Mr. Merritt also provided a copy of an email he sent on April 22, 2022, requesting the information required to be released in response to a record request pursuant to Iowa Code section 22.7(5), specifically the “date, time, specific location, and immediate facts and circumstances surrounding a crime or incident.”
The ISUPD responded to that email on April 26, 2022, stating that all information required to be released to him was included in the daily logs released to him.
In addition, Mr. Merritt alleged in his complaint that the dismissal of a prior complaint on May 19, 2022, (22FC:0025) was improper and requested that the IPIB vacate that order.1
Legal counsel for the ISUPD responded to the complaint on August 22, 2022. He stated that the IPIB does not have jurisdiction over the April 26, 2022, response to the record request pursuant to Iowa Code section 23.7(1) and does not have jurisdiction over a relitigation of formal complaint 22FC:0025 pursuant to Iowa Code section 23.8(2).
Iowa Code section 23.7(1) requires that complaints before the IPIB be filed “within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence. This is a jurisdictional requirement. The alleged violation occurred on April 26, 2022, more than 60 days prior to the filing of this complaint.
Iowa Code section 23.8(b) states that the IPIB shall decline to accept a complaint that “relates to a specific incident that has previously been finally disposed of on its merits by the board or a court.” The IPIB can not accept a complaint based upon allegations that were previously dismissed by the IPIB.2
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:0074 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 September 15, 2022. 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
1. Mr. Merritt also provided an analysis of a domestic court matter involving him in San Diego, CA, which is beyond the jurisdiction of the IPIB. He concluded in this complaint: “The United States Navy trained the originator of this declaration to be a Cryptographic Technician Communications as he performed those responsibilities during his deployment in the Carl Vinson Battle Group during our nation’s response to 9-11. However, he has refocused this skill set for hunting the ciphers deployed by the wicked and the unethical while they strip constitutional and basic human rights from the wounded and captive.”
2. In addition, this dismissal also occurred more than 60 days prior to the filing of this complaint.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2022, to:
Michael Merritt
Michael Norton, legal counsel for the Iowa State University Police Department