24FC:0125 Anthony Wynkoop/Clinton Police Department - Probable Cause Report and Order

Date:
02/20/2025

Subject: 
Anthony Wynkoop/Clinton 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 Order: 

On December 12, 2024, IPIB received formal complaint 24FC:0125 from Anthony Wynkoop, alleging the Clinton Police Department (Department) violated Iowa Code chapter 22. The complaint was accepted by IPIB on December 19, 2024.

Facts

Wynkoop’s daughter was stopped by the Clinton Police Department, which prompted Wynkoop to submit a public records request seeking the following items:

• Clinton Police Department Policies and Procedures
• Any and all dash and body camera from the traffic stop
• All communications related to the traffic stop
• Vehicle information of the officer who initiated the stop
• Training and discipline records of the officer who initiated the stop, including name and badge number

On December 5, the Department responded to Wynkoop, acknowledged the records request, and indicated that Wynkoop would need to pay $471.50 to access the records. The Department indicated the bulk of the cost was for policies and procedures, which was $414 based on the production of 838 pages. The cost beyond $414 was due to production of footage and report fees. 

Wynkoop filed a complaint on December 12, 2024, stating the cost of $414 to access policies and procedures was an unreasonable cost, particularly due to the fact that digital copies were requested.

IPIB staff opened the complaint on December 12, 2024, and the complaint was accepted on December 19, 2024.

On December 20, 2024, the Department responded and stated it would change its procedures to make the full Policy and Procedures Manual available to the public at no cost. The Department indicated the Policy and Procedures Manual was provided on the Department’s website at no charge. The Department reduced the total amount charged to Wynkoop to $57.50 and requested Wynkoop pay the amount for the release of footage and other outstanding public records.

Based upon this development, IPIB staff asked Wynkoop if he wanted to proceed with the complaint. Wynkoop indicated he had not received all requested information. IPIB staff directed Wynkoop to retrieve the public records and follow up to ensure full closure of all items.

Between the filing of the complaint and current status, numerous interactions occurred between Wynkoop and the Department:

• Wynkoop requested discipline and training records. The Department indicated these records were exempt as personnel records pursuant to Iowa Code Chapter 22. IPIB staff agreed with the Department’s analysis and conveyed this to both parties.
• The Department provided the names and badge numbers of all officers involved in the traffic stop to Wynkoop.
• The Department directed Wynkoop to outreach to the lawful custodian (Communications) to obtain any radio communications that occurred during the traffic stop.
• The Department provided the bodycam footage to Wynkoop via email and on a USB. It was discovered that some of the bodycam footage did not contain audio. The Department refunded $8.29 for the bodycam footage that did not contain audio as they believed Wynkoop should not be charged for the footage without audio.
• The Department provided a call log to Wynkoop related to the traffic stop.

Wynkoop has continued to increase his complaints and:

• Requested all policies and procedures on a flash drive, indicating he did not want to search for policies and procedures on a website.
• Objected to the process for use of audio (or lack thereof) within police footage.
• Entered the Department’s private parking lot searching for a vehicle VIN and was warned that he could be charged with trespassing, which Wynkoop raised as an issue that negatively impacts transparency.

The Department has stated that all requested information has been provided to or is available to Wynkoop and the Department is no longer responding to his numerous communications.

Applicable Law

A public record is defined as “all records, documents, tape, or other information stored or preserved in any medium, of or belonging to this state…”

“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. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record.” Iowa Code § 22.2(1).

Analysis

This complaint started with concern regarding the costs associated with production of policies and procedures. Immediately after commencing this case, the Department eliminated the cost at issue, thus addressing the complaint. As the case progressed, the complaint evolved into different issues beyond the cost associated with production.

At this time, Wynkoop has access to all requested public records that are non-confidential and within the possession of the Department. Wynkoop has outstanding complaints:

• The Department policies and procedures are not available on a flash drive. The Department has made the policies and procedure publicly available at no charge on the Department website. The IPIB has long held that the format of public records cannot be dictated as long as the records are produced. This is not a violation.
• The Department has failed to produce disciplinary and training records. Again, IPIB has consistently found that these items constitute personnel records and are confidential pursuant to Iowa Code Chapter 22. This is not a violation.
• The Department does not always have audio on the bodycam or dashcam footage. Iowa Code Chapter 22 does not require audio for bodycam or dashcam footage. The Department has produced the public records within their lawful custody.
• The Department has not produced a VIN for a vehicle. This was not specifically requested within the original public records request.
• The Department has prohibited Wynkoop from entering private parking lots. This issue is outside the scope of IPIB’s jurisdiction.

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

It is recommended the Board dismiss the matter for lack of probable cause to believe a violation has occurred. The Department has addressed Wynkoop’s initial concern related to the cost to access public records and has made available all non-confidential public records originally requested by Wynkoop.  

 By the IPIB Executive Director

Erika Eckley, J.D.

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