24FC:0037 Christine Knapp/Henry County Sheriff's Office - Dismissal Order

Date:
06/27/2024

Subject:
Christine Knapp/Henry County Sheriff's Office - 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.

Facts

Christine Knapp filed formal complaint 24FC:0037 on April 15, 2024, alleging the Henry County Sheriff's Office (“Sheriff”) violated Iowa Code chapter 22 on April 15, 2024.

Ms. Knapp alleged that she was unable to acquire records requested from the Sheriff on April 15, 2024. She states that on multiple occasion she has requested records only to be pushed off into another department who in turn completely ignored her requests. Her records request included investigative reports, calls for service, and body cam footage. The initial request was made on March 21, 2024, by form and submitted to the Sheriff.

Sheriff Rich McNamee provided the response to this complaint. He received the records request on April 10, 2024. He forwarded the request to his civil department for processing. That office was closed from April 15-17 for training. Office Manager Lacey Vandegriff returned on April 18, 2024 and prepared the information. She sent the records to the Henry County Attorney for review and approval on the same day.

Ms. Vandegriff received a response from the attorney on April 30, 2024. On the same day, Ms. Vandegriff emailed Ms. Knapp that the requested records were ready and gave her an invoice for the cost of the records. Ms. Knapp was informed that she would need to prepay with cash for the records prior to receiving them.[1]  As of May 2, 2024, when Sheriff McNamee provided this response, Ms. Knapp had not picked up the records or paid for the records. However, she has been in contact with the Sheriff’s office to inquire about what the records include. Email correspondence has been back and forth since that time.

IPIB staff contacted Ms. Vandegriff by phone on June 10, 2024.  As of that day, Ms. Knapp had not picked up the records. They were still sitting at the front counter.

Analysis

The Sheriff provided an explanation as to the timeline for processing this record request. There does not appear to be an unreasonable delay in responding to Ms. Knapp or producing the records. There was frequent communication between Ms. Knapp and the Sheriff’s office. Ms. Knapp has not picked up the records she requested, which have been prepared. She was notified the records were available for pick up on April 30. Based on these facts, there is not sufficient information to find the Sheriff violated Iowa Code chapter 22.

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.

The Sheriff’s office has been responsive to Ms. Knapp’s records request. The request is available to Ms. Knapp upon payment of the cost of fulfilling the request. Ms. Knapp has not paid for or collected the records.

IT IS SO ORDERED:  Formal complaint 24FC:0037 is dismissed as not being legally sufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).  The Henry County Sheriff Office did not violate the open 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 June 20, 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.

[1] Ms. Knapp has requested records in the past and used an unfunded check that was dishonored when presented to the bank.

[1] Ms. Knapp has requested records in the past and used an unfunded check that was dishonored when presented to the bank.