Date:
05/18/2023
Subject:
Cecilia Goodrich-Sherwin/Department of Public Safety - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Cecilia Goodrich-Sherwin, Complainant
Department of Public Safety, Respondent |
Case Number: 23FC:0038 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 March 21, 2023, Cecilia Goodrich-Sherwin filed formal complaint 23FC:0038, alleging that Department of Criminal Investigations, which is a division of Department of Public Safety (Department) violated Iowa Code chapter 22.
Ms. Goodrich-Sherwin alleged that she had not received any acknowledgement of her request sent February 2, 2023, for public records from the Department regarding the Maquoketa Caves State Park murders in July 2022.
In response, the Department provided correspondence that had been sent to Ms. Goodrich-Sherwin regarding her request on February 10, 2023, as well as a rundown of the email communications with Ms. Goodrich-Sherwin from August through the current request. The Department also met in person with Ms. Goodrich-Sherwin in November 2022.
The scope of Ms. Goodrich-Sherwin’s request included a number of specific questions regarding the facts of the investigation of and conclusions reached by the Department following the events in July 2022. The Department has provided the date, time, specific location and immediate facts and circumstances surrounding the incident at Maquoketa Caves State Park through public press releases. Ms. Goodrich-Sherwin was notified by the Department that any remaining information she sought is confidential under Iowa Code § 22.7(5).
In regards to this Complaint, the Department provided a response within eight days of Ms. Goodrich-Sherwin’s request and provided all non-confidential records that were responsive to the request.
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0038 is dismissed as it is legally insufficient pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b) because the Department was responsive to the records request and provided all non-confidential records.
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 May 18, 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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Erika Eckley, J.D.