The Iowa Public Information Board
In re the Matter of: Danny Jensen, Complainant And Concerning: Fort Dodge Police Department, Respondent |
Case Number: 24FC:0028 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB),
and enters this Dismissal Order.
Facts
Danny Jensen filed formal complaint 24FC:0028 on March 12, 2024, alleging that the Fort Dodge
Police Department violated Iowa Code §22 on January 22, 2024.
Mr. Jensen states that he was denied the public records by the Fort Dodge Police Department and
other records were deleted. The following is his complaint to the IPIB: “They deleted officer
Samuelson Jr. body cam footage after I complained that he lied in police report & it was provable
by his body cam! They are refusing to release the 2 car cams, other officer involved body cam, the
security footage from motel!”
Captain Steve Hanson of the Fort Dodge Police Department (FDPD) provided the response to this
complaint. He responded to the two issues identified by Mr. Jensen.
The first regarded the deleted body worn camera footage (BWC) by Officer Dylan Samuelson. In
April of 2022, Mr. Jensen made the same complaint to the FDPD about the missing BWC of
Officer Samuelson and the issue was looked into by the department. They learned that on
December 15, 2021, Officer Samuelson responded to a call for service. It was the first call of his
shift and Officer Samuelson got into his car and goes to the scene. Officer Samuelson did not log
into the car camera video system, so it defaulted to the officer that was driving it prior to him. At
the end of the incident because he was not logged in as himself the car camera and BWC did not
sync together for retention purposes. Because of the classification of the BWC for Officer
Samuelson that evening, the retention rules the video deleted off the system on March 16, 2022.
The second issue is that the FDPD is refusing to release the other video associated with this
criminal incident. Captain Hanson states that Mr. Jensen was told by the FDPD evidence
technician more than once of how to request the video the proper way and that she would have to
give him a quote for the cost of the records. Mr. Jensen never followed through according to the
evidence tech. The FDPD is currently communicating with a law firm who represents Mr. Jensen
They now have made the proper request for the video and most of it has already been sent to them.
There is one video the FDPD is still working on but have communicated with the law firm directly
and are working through the details.
Analysis
Staff reviewed this complaint and the response from FDPD. The body worn camera video that was
requested has been deleted by the FDPD recording system and considered harmless error. The
other video records requested are being provided to Mr. Jensen through his attorney. It appears
that the issues of this complaint are being resolved. There does not appear to be a violation
regarding deletion of the video and the denial of the public record request is being addressed.
Conclusion
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally
sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not
meet those requirements.
IT IS SO ORDERED: Formal complaint 24FC:0028 is dismissed as legally insufficient pursuant
to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The Fort Dodge Police
Department did not violate any part of the public records code section.
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 April 18, 2024. 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.