Mr. Toresdahl:
I respectfully submit your analysis of Iowa Code Chapter 22 is incomplete. See Iowa Code Section 22.2(1.).
It has come to my attention that the photograph of Chief of Police Burdess I requested in 2022 is possibly hanging on the wall in the passageway alleged criminals are escorted through while taken to interrogation rooms. The Newton, IA Police Department has made it clear that it will not let me enter a space it escorts alleged criminals every day, possibly to protect the integrity of their city attorney’s alleged legal practice. As I have no desire to throw a piece of paper on the ground in front of their office staff to stimulate a process in accordance with Iowa Code Section 461A.43 to be invited in a passageway while handcuffed to view a public record hanging on the wall, others have been allowed to view during a tour. Therefore, it seemed logical to file a complaint with a state body that enforces a citizen’s “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.” Your view that the Iowa Public Information Board and Iowa Code Chapter 22 does not cover tours is likely due to your lack of imagination. Iowa Code Chapter 22.2(1.) communicates a citizen has “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. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record.” Are you communicating that the Iowa Public Information Board does not protect citizens’ right to enter a government body’s physical space and make copies or photograph records in their physical custody?
tour
1 of 2
noun
ˈtu̇r sense 2 is also ˈtau̇(-ə)r
Synonyms of tour
1a: a journey for business, pleasure, or education often involving a series of stops and ending at the starting point
also : something resembling such a tour
a tour of the history of philosophy
b: a series of professional tournaments (as in golf or tennis)
c: a brief turn : ROUND
2a: a period during which an individual or unit is on a specific duty or at one place
a tour of duty
b: one’s turn in an orderly schedule : SHIFT
tour
2 of 2
verb
toured; touring; tours
transitive verb
1: to make a tour of
2: to present (something, such as a theatrical production) on a tour
Reference: “Definition of Tour.” Merriam-Webster Dictionary, 8 Feb. 2023, www.merriam-webster.com/dictionary/tour.
When a citizen “journeys” to the location of a government body that stores and preserves a record they have requested, do they not enter the government body at a starting point to “examine a public record without charge while the public record is in the physical possession of the custodian.” At the same time, the custodian “presents” it to the records requester leading to the records requester returning to the starting point being the entry of the government body’s physical location with a copy or photograph of the requested record.
Ultimately I have collected evidence indicating City Attorney Matthew Brick has violated the Iowa Rules of the Court during numerous points in the last year while preventing my access to records our laws indicate I have a right to view. At the same time, evidence shows the City of Newton, IA, has released the same or similar records to other citizens or organizations.
I will take a picture of the photograph of Chief of Police Burdess City Attorney Matthew Brick communicated doesn’t exist if it is hanging in that passageway (as testimony I have collected indicates it does) in accordance with our laws. I am going to accomplish this with or without your help Brett. The Iowa Public Information Board’s handling and determination within cases will not impact me; it only defines itself.
I am entirely comfortable adding this request and complaint regarding access to a government body space to copy or photograph a record that allegedly exists in an area alleged criminals view every day to my Iowa Public Information Board ultimate fail list:
1. The City of Ames, IA Police Department Incident Reports provided in early 2022 that evidence indicates are not public records as defined by Iowa Code Chapter 22.1(3.)(a.) being represented as public records by Executive Director Johnson in IPIB case: 22FC:0020.
2. The City of Newton, IA’s failure to release Iowa Incident Reports documenting information Iowa Code Section 22.7(5.) articulates they are required to release. The Iowa Public Information Board was provided evidence of the City of Newton, IA, releasing these records in late June to another citizen in my complaint documented in IPIB case 22FC:0071. This complaint and evidence showing the City of Newton, IA’s inconsistent use of Iowa Code Section 22.7 to withhold records were within the Iowa Public Information Board’s required parameters of 60 days in accordance with Iowa Code Section 23.7. Evidence indicates the IPIB took zero action on this portion of my complaint while assisting the City of Newton, IA, with evidence of its unethical use of Iowa Code Section 22.7.
3. Executive Director Johnson quickly dismissed a complaint regarding Jasper County, IA’s Facebook Block Lists during the 2022 election year because the record did not physically exist in the government body facility. At the same time, DNS records show the State of Iowa’s electronic mail is not stored or preserved physically in State of Iowa government locations. Publicly available DNS records indicate the State of Iowa’s electronic mail is stored and preserved by Google. To add extra seasoning to this situation, Iowa Code Section 22.1(3.)(a.) defines a public record as “Public records” includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township…” It would seem Iowa Code Chapter 22.1(3.)(a.) is very specific regarding determining a government body does not have to have physical custody or provide storage or preservation for a record to be a public record if evidence indicates a government body produced or owns the record.
The above list is what I currently recall. Please respond and tell me that your board does not cover a citizen’s right to enter a government body location to copy or photograph a public record. It does not concern me whether City Attorney Matthew Brick identifies this event as a tour, party, viewing, or any other definition evidence indicates he feels entitled to believe.
If the City of Newton, IA, has no body cam footage produced by Officer Watson on the requested date, then let the City of Newton, IA provide that in writing. I wish the Iowa Public Information Board also ran the Iowa Department of Revenue. If I were a citizen lacking integrity, I would communicate I am broke. Evidence indicates the Iowa Public Information Board only requires verbal confirmation. This is possibly why I have witnessed so much evidence of testimony not supported by evidence provided by Iowa licensed lawyers to the Iowa Public Information Board. All an Iowa lawyer has to accomplish regarding withholding records a government body desires not to release is communicating to the Iowa Public Information Board, “These are not the public records you are looking for.”
I am at a point where evidence indicating the Iowa Public Information Board does not protect the rights of citizens in accordance with Iowa Code Chapter 22 is of equal value to me as getting assistance collecting public records.
In order to succeed, one must have the ability to find value in loss that provides growth.
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
“Bricks made with testimony lacking evidence are equivalent to bricks made with straw without clay.”
Cipher Hunter
