Date:
03/16/2023
Subject:
Dustin Mazgaj/Marion Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Dustin Mazgaj, Complainant And Concerning: Marion Police Department, Respondent |
Case Number: 23FC:0003 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:
Dustin Mazgaj filed formal complaint 23FC:0003 on January 15, 2023, alleging that the Marion Police Department (MPD) violated Iowa Code chapter 22.
Mr. Mazgaj based his complaint on a record request submitted by Casey Van Nevele on July 15, 2021, to the MPD requesting “all body and dash cams pertaining to the arrest of Casey Van Nevele on November 20, 2020” and “Alicia Abernathy’s body cam from her OWI in 2018.”
The MPD requested a fee deposit of $200 for the records, which Mr. Van Nevele paid on August 7, 2022.
Mr. Mazgaj alleged that on October 20, 2022, the MPD sent an invoice for an additional $600 to Mr. Van Nevele, adding that the records were ready to be picked up upon payment of this invoice.1 Mr. Mazgaj alleged that the additional fees are unreasonable.
Iowa Code section 23.7 requires that a complaint be filed with the IPIB within 60 days of the date of the alleged violation. This complaint was filed 87 days after the additional fees were invoiced and the records were ready for release. Therefore, the IPIB does not have jurisdiction over this complaint.
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 the statutory requirements for acceptance.
IT IS SO ORDERED: Formal complaint 23FC:0003 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 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. Mr. Mazgaj alleged that Mr. Van Nevele appointed him to serve as his agent to handle this record request and the filing of a formal complaint sometime before January 3, 2023.
CERTIFICATE OF MAILING
This document was sent on the ___ day of March, 2023, to:
Dustin Mazgaj
Eric Martin and Holly Corkery, legal counsel for the Marion Police Department