The Iowa Public Information Board
In re the Matter of: Mathew Boon, Complainant And Concerning: City of Fort Madison, Respondent |
Case Number: 24FC:0007 Dismissal Order
|
|---|
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On January 17, 2024, Matthew filed formal complaint 24FC:0007, alleging that City of Fort Madison violated Iowa Code chapter 22.
Facts
Mathew Boon alleges that he requested records on January 6, 2024, for the current roster for the "21 full-time officers" and "3 non-sworn positions" as stated on https://www.fortmadisonpd.com/ including ranks and badge numbers of these 24 officers and those within the “non-sworn” positions. He also requested the names of any detectives registered with the Iowa Department of Public Safety. He stated he made the request electronically. He filed the complaint because the City stated that fees needed to be paid, but “the law allows a free and open examination of the records.”
In response, the City, through its Police Chief, stated that Mr. Boon could either pay for the record or come to examine the document in person for free.
After several communications between the parties and IPIB staff, the City agreed to provide the document in an electronic form to Mr. Boon.
Applicable Law
“Every person shall have the right to examine and copy a public record.” Iowa Code § 22.2(1).
Analysis
After this Complaint was filed, the City agreed to provide the record electronically to Mr. Boon.
Conclusion
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.
The City has provided the records requested.
IT IS SO ORDERED: Formal complaint 24FC:0007 is dismissed as it involves an incident that has been resolved.
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 February 15, 2024. 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.
CERTIFICATE OF MAILING
This document was sent on February 7, 2024, to:
Mathew Boon
Chief Mark Rohloff