Date:
11/21/2024
Subject:
Nicholas Bargren /Iowa City Police Department - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Nicholas Bargren, Complainant
Iowa City Police Department, Respondent | Case Number: 24FC:0087 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On October 5, 2024, Nicholas Bargren filed formal complaint 24FC:0087, alleging Iowa City Police Department violated Iowa Code chapter 22.
Facts
Nicholas Bargren filed this complaint stating he did not receive records of the call logs for three properties pursuant to his verbal records request.
In response, the City stated Bargren received an email with the records on October 4, 2024, and acknowledged receipt of the records on the same day.
Applicable Law
“Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record.” Iowa Code § 22.2(1).
Analysis
Bargren received the records requested. There is no violation of Iowa Code chapter 22.
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.
Bargren promptly received the records requested and emailed confirmation of his receipt of the information.
IT IS SO ORDERED: Formal complaint 24FC:0087 is dismissed as it is frivolous and without 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 November 21, 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.