Date:
03/16/2023
Subject:
Christine Knapp/Henry County Sheriff - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Christine Knapp, Complainant And Concerning: Henry County Sheriff, Respondent |
Case Number: 23FC:0007 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:
Christine Knapp filed formal complaint 23FC:0007 on January 25, 2023, alleging that the Henry County Sheriff (Sheriff) violated Iowa Code chapter 22.
Ms. Knapp alleged that on January 10, 2023, she sent an email request to the Sheriff requesting “the call of service report, incident report, and investigation report” for a vehicle she reported missing in the summer of 2022.
She further alleged that the Sheriff responded to her request the following day and indicated that the report was available upon payment of a fee of $5.00.
Ms. Knapp alleged that she sent a check for $5.00 and a self-addressed envelope to the Sheriff, which was returned to her. She alleged that the envelope was opened, taped shut, and returned with the check and envelope still inside.
The Sheriff responded to the complaint on February 7, 2023. He stated that the record had been sent to Ms. Knapp via email. He added that he records all checks that are received by the Sheriff and that Ms. Knapp’s check was not received.
At the IPIB’s request, the Sheriff emailed the records to Ms. Knapp again and included the IPIB. Ms. Knapp acknowledged receipt of the records.
There is insufficient evidence to indicate that the Sheriff violated Iowa Code chapter 22. The letter could have been misdelivered and then returned to the sender (Ms. Knapp) once the mistake was discovered.1
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:0007 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 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. Ms. Knapp also alleged a violation of Chapter 22 based upon a record request she made the same day as the date of filing this complaint. That allegation is without merit as it was too soon for the Sheriff to respond. She asked the IPIB to order the Sheriff to provide her records at no cost. Iowa Code chapter 22 allows a government to charge a reasonable fee based upon actual costs for the release of public records.
CERTIFICATE OF MAILING
This document was sent on the ___ day of March, 2023, to:
Christine Knapp
Rich McNamee, Henry County Sheriff