23FC:0059: William Kreijanovsky/Polk County - Dismissal Order

Date:
09/21/2023

Subject:
William Kreijanovsky/Polk County - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On June 16, 2023, the Complainant, William Kreijanovsky, filed formal complaint 23FC:0059, alleging that Polk County violated Iowa Code chapter 22.

Background

On June 2, 2023, Mr. Kreijanovsky submitted a public records request to the Polk County Attorney’s Office for digital copies of video recorded by the Polk County Administration Building’s security cameras. Mr. Kreijanovsky sought “security footage of all public and publicly accessible areas” in the Administration Building taken on May 16, 2023, between the hours of 11:45 am and 12:45 pm.

Polk County immediately acknowledged the request and began working to compile and review the records. On June 16, 2023, the County released all records that were responsive to Mr. Kreijanovsky’s request, as documented in the extensive fulfillment log provided to IPIB.

Upon receiving the records requested, Mr. Kreijanovsky filed this complaint, stating that he had only received six files despite the fact that the Administration Building has “over 70 cameras.” IPIB attempted to contact Mr. Kreijanovsky to obtain more information about the basis for this complaint but received no response.

Analysis

The fulfillment log shows the extent of the records that were released to Mr. Kreijanovsky pursuant to his records request, as well as which records Mr. Kreijanovsky accessed and viewed. Mr. Kreijanovsky has received, accessed, and viewed far more than six records, contrary to the allegations in his complaint. Further, Mr. Kreijanovsky has not taken the opportunity to respond to or clarify this discrepancy between his allegations and the fulfillment log.

Conclusion

The fulfillment log shows that Polk County released all responsive records to Mr. Kreijanovsky, and that Mr. Kreijanovsky between June 16 and July 20, 2023, has had access to and viewed the records released. Mr. Kreijanovsky has declined to address or otherwise explain the discrepancy between his complaint allegations and the fulfillment log. For these reasons, the complaint lacks merit.

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.

Mr. Kreijanovsky’s record request was fulfilled, he viewed the records, and he failed to clarify the discrepancies between his complaint and the fulfillment log documenting his access to the records requested.

IT IS SO ORDERED:  Formal complaint 23FC:0059 is dismissed as lacking merit pursuant to Iowa Code § 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 June 15, 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.