Date:
05/18/2023
Subject:
Trisha Pfluger/Dallas County Sheriff Department - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Trisha Pfluger, Complainant
Dallas County Sheriff Department, Respondent |
Case Number: 23FC:0051 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 April 20, 2023, Trisha Pfluger filed formal complaint 23FC:0051, alleging that Dallas County Sheriff Department (Department) violated Iowa Code chapter 22.
Ms. Pfluger alleges that on March 31, 2023, she made a request for a copy of a 911 call she made to the Department on December 21, 2023 [sic] when she had an epileptic seizure. Previously the Department had provided her a copy of a 911 call she made on November 12, 2022. But, she alleges, the Department has not responded to her request for the December recording.
In response, the Department states that they have tried to respond to the requests from Ms. Pfluger. They also stated that she is represented by an attorney regarding some potential, pending criminal charges and they had told Ms. Pfluger to contact the County Attorney’s office because of these issues. The Department did agree, however, that Ms. Pfluger could have the 911 call recording upon prepayment of $15 to copy the recording on a CD, and then $35 for the CD to be mailed by certified mail to her if she wants it sent to her out of state address.
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:0051 is dismissed as it is without merit pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The Department had advised Ms. Pfluger to communicate directly with the county attorney’s office because of her legal representation and potential criminal charges. The Department also agreed to send her the recording upon payment of costs for duplicating and mailing the CD to her.
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.