24FC:0116- Timothy-John; Miller/City of Waterloo Police Department - Probable Cause Report and Order

Date:
01/16/2025

Subject: 
Timothy-John; Miller/City of Waterloo Police Department - Probable Cause Report and Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Probable Cause Report: 

On November 27, 2024, Timothy-John; Miller filed formal complaint 24FC:0116, alleging the City of Waterloo Police Department (Department) violated Iowa Code chapter 22. The IPIB accepted this Complaint on November 27, 2024. 

Facts 

Miller alleges the Department “failed to comply with records, data and videos requests per a legal and lawful request; willfully denying public information to commit tortious constitutional fraud in an attempt to force some fictio juris unconscionable contract.” 

The records custodian for the Department responded to the complaint and provided a copy of the tickets issued and the business cards for the officers. The Department stated they were not the custodian of the dispatch center records or the original autographed copies of the citations and provided the name of the appropriate agency and the clerk of court. 

Upon receipt of the records, Miller alleges the documents provided did not include his addition of “ALL RIGHTS RESERVED” above his autograph, so the documents are “photoshopped manipulated documents,” which is “a felony.”[1] 

Applicable Law 

“The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian’s authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means. Although fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of reasonable expenses, the lawful custodian shall make every reasonable effort to provide the public record requested at no cost other than copying costs for a record which takes less than thirty minutes to produce.” Iowa Code § 22.3 

Analysis 

Miller sent by certified mail on August 27, 2024, a confusing document that included a records request to the officers involved in the issuance of two traffic tickets to Miller. The request included: 

1. As per legal and lawful requirements of the FOIA, PRIVACY ACT and IOWA OPEN RECORDS LAW REQUEST-stare decisis; I, expect and anticipate your full cooperation without exception or delay; and 

2. An original autographed copy of the citations [NUMBERED CITATIONS] 

3. A copy of the WATERLOO POLICE DEPARTMENTS bond; and 

4. A copy of your business card; and 

5. A copy of the dispatch communications with [officer] in re; the aforementioned;

6. A copy of any all other communications in any form you have had with anyone in re the above-mentioned citations. 

Miller mailed a “Notice of Default-Cure or Quit within 72 hours” on September 18, 2024. 

Upon filing a complaint with IPIB and providing information regarding the records requests, IPIB submitted the requests to the Department’s records custodian. The public documents within the custody of the Department were provided to IPIB and Miller within 12 days, which also included the Thanksgiving holiday. Miller was also directed to the custodians of the requested records not within the custody of the Department. 

While there was delay between the original records requests made directly to the police officers and the IPIB communications to the publicly-designated records custodian identified by the Department for receiving such requests, the delay between submission of the original requests and when the requests were submitted to the appropriate individual is not unreasonable.[2]

Miller’s complaint regarding the fraudulent nature of the documents as “photoshopped manipulated documents,” because the copies do not include his statement “ALL RIGHTS RESERVED” that he wrote in above his electronic signature is beyond the jurisdiction of IPIB. 

IPIB Action

The Board may take the following actions upon receipt of a probable cause report: 

a. Redirect the matter for further investigation; 

b. Dismiss the matter for lack of probable cause to believe a violation has occurred; 

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or 

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding. 

Iowa Admin. Code r. 497-2.2(4). 

Recommendation

The original records requests were submitted directly to officers employed by the Department. Upon receipt of the requests from IPIB, the Department’s custodian promptly provided the records within the custody of the Department. It is recommended the IPIB dismiss the matter for lack of probable cause to believe a violation has occurred.

By the IPIB Executive Director
Erika Eckley, J.D.

[1] The remainder of Miller’s claims in response regarding his constitutional right to travel, refusal to contract as a private citizen not engaged in any commercial driving, false arrest and kidnapping, civil rights violations, and Uniform Commercial Code interpretations are beyond the jurisdiction of IPIB. Further, while reviewing the Complaint, IPIB received by certified letter an “Affidavit Notice of Tortious Fraud By: Forced to Contract-By Attempting to Make a Forced Association as a False Claim Under Duress” and warned to “Proceed at Your Own Peril.” Despite which, IPIB provides this report of its investigation and analysis.

[2] See 23FC:0132 Michael Merritt/Poweshiek County - Dismissal Order (finding no error when a records request was not sent to the custodian, the request was not clearly communicated and appeared to be hidden within a lengthy email of unrelated text and information, and the custodian promptly responded when contacted); see also Sunshine Advisory: Public Records Contact Persons: Helping Iowans with access to public records, January 1, 2002 (“All government bodies in Iowa are required to (1) delegate to particular officials or employees the responsibility for implementing Iowa's Public Record laws, and (2) publicly announce to whom requests for public records should be directed. Let's face it. It is not possible for every employee to be familiar with every public record maintained by a public office, especially in today's complex world of large, multi-divisional government offices, electronic records, and confidential record requirements that can be confusing.”)  

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action: 

• a. Redirect the matter for further investigation;
• b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
• c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
• d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Monica McHugh