MEMORANDUM
From: Michael J. Merritt, USN Retired/Writer
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com
To: City of Newton, IA
101 W. 4th Street S.
Newton, IA 50208
(641) 792-2787
Subj: IOWA OPEN RECORDS REQUEST – CITY OF NEWTON, IA – #027 – ELIMINATION OF THE FOG OF WAR #03
Enc: 1. Memorandum – Michael J. Merritt – Freedom of Information Request to the City of Newton, Iowa – #003 – 04 JAN 2022
2. Memorandum – City of Newton, IA Attorney Matthew Brick – 10 MAR 2022
3. Electronic Mail – City of Newton, IA Chief of Police Robert Burdess – 01 APR 2022
4. Reference Database – https://airtable.com/shr0m2mO5QveE5mKf
1. Introduction
Enclosure (1.) is the originator’s original request for, “All Newton, IA Police Department Iowa Incident Reports mentioning the names Michael Merritt, Michael J Merritt, Michael J. Merritt, or Michael James Merritt during 01 JUL 2018 at 0001 Local Time through 03 JAN 2022 at 2359 Local Time.”
Enclosure (2.) is the City of Newton, IA’s Attorney Matthew Brick of Brick Gentry PC’s response communicating, “There are certain records in response, specifically incident reports and call for service records mentioning the names in your request; however, peace officer investigative reports are exempt from public disclosure. See Iowa Code Section 22.7”
Enclosure (3.) is the City of Newton, IA Chief of Police Burdess’ response to Enclosure (1.) which provides evidence of a violation of Iowa Code Section 22.2(2.), “Mr. Merritt, Your request is being handled by our contracted City Attorney at Brick Gentry Law Firm. Please contact them with your questions regarding these requests”
Paragraph (2.) provides a list of records including corresponding evidence of the City of Newton, IA releasing Iowa Incident Reports to the Newton Daily News, specifically information Iowa Code Section 22.7(5) communicates cannot be withheld in accordance with this subsection.
At the same time, the City of Newton, IA has produced evidence of violating Iowa Code Section 22.7(5) in its response to Enclosure (1.) shown in Enclosure (3.). At the same time, City Attorney Matthew Brick of Brick Gentry PC’s 10 MAR 2022 response provides evidence of a misrepresentation of his client’s responsibilities as articulated in Iowa Code Section 22.7(5.) to a citizen requesting records in accordance with Iowa Code Section 22.
2. Requested Information
(a.) Iowa Incident Report(s) documenting an incident involving Cheyenne R. Meyer on 28 MAY 2021. Data Collection Source: Shaw Media. (n.d.). Newton Daily News Archive Volume No. 120 No. 115. Newton Daily News. Retrieved January 8, 2023, from https://www.newtondailynews.com/online-newspaper/
(b.) Iowa Incident Report(s) documenting an incident involving Angela R. Shaver on 22 FEB 2020. Data Collection Source: Shaw Media. (n.d.). Newton Daily News Archive Volume No. 118 No. 195. Newton Daily News. Retrieved January 9, 2023, from https://www.newtondailynews.com/online-newspaper/
(c.) Iowa Incident Report(s) documenting an incident involving Enrique Perez on 18 FEB 2020. Data Collection Source: Shaw Media. (n.d.). Newton Daily News Archive Volume No. 118 No. 195. Newton Daily News. Retrieved January 9, 2023, from https://www.newtondailynews.com/online-newspaper/
(d.) Iowa Incident Report(s) documenting an incident involving Erica A. Mendoza on 18 FEB 2020. Data Collection Source: Shaw Media. (n.d.). Newton Daily News Archive Volume No. 118 No. 195. Newton Daily News. Retrieved January 9, 2023, from https://www.newtondailynews.com/online-newspaper/
(e.) Iowa Incident Report(s) documenting an incident involving Mason R. Brumer on 23 JUL 2019, 25 JUL 2019, 27 JUL 2019. Data Collection Source: Shaw Media. (n.d.). Newton Daily News Archive. Newton Daily News Volume No. 118 No. 78. Retrieved January 9, 2023, from https://www.newtondailynews.com/online-newspaper/
(f.) Iowa Incident Report(s) documenting an incident involving Justin D. Garza on 10 MAY 2019. Data Collection Source: Shaw Media. (n.d.). Newton Daily News Archive. Newton Daily News Volume No. 117 No. 248. Retrieved January 9, 2023, from https://www.newtondailynews.com/online-newspaper/
Respectfully,
Michael J. Merritt, USN Retired/Writer
Founder: cipherphoenix.com
Creative Writer/Musician
Information Warfare Specialist
Information Systems Manager
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com
