Date:
05/18/2023
Subject:
James Stratton/Des Moines Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: James Stratton, Complainant
Des Moines Police Department, Respondent | Case Number: 23FC:0020 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On February 14, 2022, James Stratton filed formal complaint 23FC:0020, alleging that the Des Moines Police Department (DMPD) violated Iowa Code chapter 22.
Mr. Stratton alleged that he requested copies of “any and all body camera video and police reports from a police shooting that occurred at roughly 12:30am on Dec. 26 in the 400 block of e. McKinley Ave.”[1]
On January 23, 2023, Mr. Stratton contacted the DMPD for a status update as to the release of the video and reports. DMPD told him that the records could not be released, as they were confidential under Iowa Code § 232.149(2). This code section protects records and files concerning a child involved in a delinquent act:
2. Records and files of a criminal or juvenile justice agency, an intake officer, or a juvenile court officer concerning a child involved in a delinquent act are confidential. The records are subject to sealing under section 232.150 unless the juvenile court waives its jurisdiction over the child so that the child may be prosecuted as an adult for a public offense. A criminal or juvenile justice agency may disclose to individuals involved in the operation of a juvenile diversion program police reports and related information that assist in the operation of the juvenile diversion program.
Iowa Code § 232.149(2).
DMPD responded to this complaint on February 21, 2023, again stating that the records were being withheld as confidential under § 232.149(2). Mr. Stratton responded arguing that “[t]he provision identified by police as the basis for withholding this video clearly applies to circumstances where a juvenile enters the criminal justice system, which, because of the juvenile’s death, cannot occur here.” Stratton also argued that the video could be released in a redacted form by blurring the juvenile’s face and removing other identifying information and that DMPD had offered no reason why such redaction would not be possible.
Analysis
Whether this complaint should be accepted depends on whether the records requested are confidential under § 232.149. If the records are confidential under that code section, then DMPD is not required to release them, and this complaint lacks merit. See Calcaterra v. Iowa Bd. of Med., 965 N.W.2d 899, 906 (Iowa 2021).
Section 232.149 states that “[r]ecords and files of a criminal or juvenile justice agency, an intake officer, or a juvenile court officer concerning a child involved in a delinquent act are confidential.” So, if the records:
- Belong to one of the following:
a. A criminal or juvenile justice agency;
b. An intake officer; or
c. A juvenile court officer
AND
- Concern a child involved in a delinquent act
THEN
The records are confidential.
“‘Criminal or juvenile justice agency’ means any agency which has as its primary responsibility the enforcement of the state's criminal laws or of local ordinances made pursuant to state law.” Iowa Code § 232.2. DMPD is an agency whose primary responsibility is the enforcement of state and local laws; thus, it is a “criminal or juvenile justice agency” under chapter 232. The records Mr. Stratton requested from DMPD are therefore “[r]ecords . . . of a criminal or juvenile justice agency,” satisfying the first prong of section 232.149.
DMPD stated in its response to this complaint that the records requested “concern a minor committing a delinquent act.” Mr. Stratton does not dispute this fact. Therefore, the records Mr. Stratton requested “concern a child involved in a delinquent act,” satisfying the second prong of § 232.149.
Because the records Mr. Stratton requested satisfy all of the criteria necessary to be considered confidential under § 232.149, the records are confidential, and DMPD is not required to release them to Mr. Stratton.
The language of § 232.149 belies Mr. Stratton’s suggestion that the section applies only in circumstances in which a juvenile enters the criminal justice system, and Mr. Stratton has pointed to no other code section that supports this contention. Further, nothing in the language of § 232.149 or any other code section supports Mr. Stratton’s suggestion that the confidentiality of the records he has requested is limited to the personally identifying information contained therein.
IT IS SO ORDERED: Formal complaint 23FC:0020 lacks merit and is dismissed pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The records are properly withheld as confidential under Iowa Code § 232.149.
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
_________________________
Erika Eckley, J.D.
[1] Mr. Stratton initially sent his record request to both the DMPD and to the Iowa Department of Criminal investigation (DCI). A representative of the DCI responded to his complaint on December 29, 2022, stating that the incident was still under investigation and would not be released pursuant to Iowa Code § 22.7(5).