Date:
10/19/2023
Subject:
Richard Radtke/City of Paullina - Dismissal Order
Opinion:
The Iowa Public Information Board
Richard Radtke, Complainant And Concerning: City of Paullina, Respondent |
Case Number: 23FC:0090 Dismissal Order
|
|---|
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
Background
On September 6, 2023, Richard Radtke (“Complainant”) filed formal complaint 23FC:0090, alleging that the City of Paullina (“City”) violated Iowa Code chapter 22.
The complaint’s allegations are quoted below in their entirety:
On July 6, 2023 between 6:00 and 6:30pm Mayor Kruse followed Jay Jones, Councilperson and Mari Radtke, reporter out of Paullina city hall. She began videoing with her cell phone as she exited building. From City of Paullina security video she followed Radtke around corner north out of view of the security camera for about 1:30 minutes. Her shadow back into view and is visible placing the phone into her back pocket. Kruse heads toward city hall doors but stops, turns toward Jones in running vehicle and makes gesture to Jones directing him to drive away. (She pointed south.) Then gave a thumbs up toward Jones.
Kruse did provide from her cell phone 3-4 second video including sound of her saying, "This way. [giggle] Jay goes the opposite way." The video from her cell phone shows Jones backing out and heading south. VIOLATION: Kruse denies the first video exists.
In response to the complaint, the City submitted an affidavit signed by Mayor Kruse. In the affidavit, Mayor Kruse states that she took a picture of Councilmember Jones and Mari Radtke and then took a short video clip of Jones driving away. Both the picture and the video were released to the Complainant.
Analysis
The Complainant appears to believe that the Mayor recorded the entire scene described in the complaint. Thus, the Complainant believes that a video longer than the one that was released exists and should also have been released.
The fact that the Mayor was handling her phone does not mean, perforce, that she was using it to record a video. There are any number of things the Mayor might have been doing with her phone during that time other than recording a video. The Mayor stated in her response what records she created with her phone during that time, and those are the records that were released to the Complainant.
Conclusion
The City released the video and picture that the Mayor took. The Complainant’s allegation that a second video exists is unsupported by the facts and is contradicted by the Mayor’s sworn statements. Therefore, the complaint lacks merit and should be dismissed.
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:0090 is dismissed as legally insufficent. 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 October 19, 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.