Date:
03/16/2023
Subject:
Christoph Trappe/City of Marion - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Christoph Trappe, Complainant And Concerning: City of Marion, Respondent |
Case Number: 22FC:0125 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 13, 2022, Christoph Trappe filed formal complaint 22FC:0125, alleging that the City of Marion (City) violated Iowa Code chapter 22.
Mr. Trappe alleged that he requested “the records that SRO Daubs (142) keeps that satisfy this section of the 28E agreement between the city and Linn-Mar school district for the current school year” from the Marion Police Department.
On November 9, 2022, the public records clerk for the City told Mr. Trappe to contact her at the end of the semester when the report would be available. Mr. Trappe alleged that he then informed the City that he wanted the “detailed and accurate records” that were to be kept pursuant to the 28E agreement.
On November 10, 2022, legal counsel for the City advised Mr. Trappe that any detailed notes or records would be considered confidential pursuant to Iowa Code section 22.7(65).
Mr. Trappe alleged that he then searched for the end of semester reports from previous years and determined that the reports were no longer required and did not exist.
On November 18, 2022, the City created and released a memorandum of the SRO activities for the fall 2022 semester, including copies of the SRO’s activities, fulfilling Mr. Trappe’s original request.
Mr. Trappe acknowledged that he did receive the requested records, but asked the IPIB to accept his complaint based upon the inaccurate information provided by the City’s legal counsel.
The semester report did not exist at the time of Mr. Trappe’s record request. Therefore, the initial response that the SRO notes were protected from release by Iowa Code section 22.7(65) was inaccurate.
The IPIB does not have the authority to compel compliance with the 28E requirements. However, the SRO did create a record for Mr. Trappe and fulfilled his record request.1
Because the SRO notes were provided to Mr. Trappe on November 18, 2022, the City did not violate Iowa Code chapter 22. However, Mr. Trappe should not have been advised that Iowa Code section 22.7(65) prevented their release.
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 22FC:0125 is dismissed as harmless error 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 March 16, 2023. 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. After filing this complaint, Mr. Trappe raised an issue concerning the City’s fee policy. The City updated its fee policy to comply with Iowa Code section 22.3.
CERTIFICATE OF MAILING
This document was sent on the ___ day of March, 2023, to:
Christoph Trappe
Kara Bullerman, legal counsel for the City of Marion