22FC:0090 Michael Merritt/City of Ames - Dismissal Order

Date:
10/20/2022

Subject:
Michael Merritt/City of Ames - Dismissal Order

Opinion:

The Iowa Public Information Board

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:0090 on September 6, 2022, alleging that the City of Ames (City) violated Iowa Code chapter 22.  He alleged multiple complaints:

1. On April 15, 2022, Mr. Merritt requested records from the City.  He was told that the records were confidential pursuant to Iowa Code section 22.7(5) as confidential peace officer investigative reports on April 29, 2022.1
2. On May 11, 2022, Mr. Merritt received an acknowledgement from the City that they received his payment of $168.21 for fees associated with his record request.  He stated that on May 27, 2022, the City responded that there were no records responsive to his request.2

Legal counsel for the City responded telephonically to the complaint on September 8, 2022.  He stated that the IPIB does not have jurisdiction over either complaint pursuant to Iowa Code section 23.7(1).

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 violations occurred on April 29, 2022, and on May 27, 2022, both 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.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:0090 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 October 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

________________________________

Margaret E. Johnson

1. Mr. Merritt alleged that on August 11, 2022, the City released the name of a homicide victim in a separate investigation, which he claimed means that the confidential records he requested should have been released.
2. Mr. Merritt references formal complaint 22FC:0020, which was dismissed by the IPIB on April 21, 2022.  In that complaint, he alleged that the City was requiring payment of fees prior to providing the records.  Iowa Code section 22.3(1) allows a government body to require payment of fees prior to conducting a search for any requested records.  (“Once the fee is received, the City will conduct a search for these records.”)
3.  In addition, the dismissal of 22FC:0020 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 October,  2022, to:

Michael Merritt

Mark Lambert, legal counsel for the City of Ames