MEMORANDUM
From: Michael J. Merritt, USN Retired/Writer
PO BOX 187
Newton, IA 50208
cipher.hunter@cipherphoenix.com
To: LT Ron Cook, City of Newton, IA Police Department
101 W. 4th Street S.
Newton, IA 50208
(641) 792-2787
Subj: IOWA OPEN RECORDS REQUEST – CITY OF NEWTON, IA – #036 – The Form of Atari – #02
Ref: 1. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records)
2. Iowa Code Title VI Human Services – Chapter 216 Civil Rights Commission
Enc: 1. Freedom of Information Request – City of Newton, IA – #003 – 04 JAN 2022
2. Electronic Mail – City of Newton, IA, LT Wing – 13 JAN 2022
3. Memorandum – City Attorney Matthew Brick – Brick Gentry – 10 MAR 2022
4. Electronic Mail – City of Newton, IA, Chief of Police Robert Burdess – 01 APR 2022
5. Electronic Mail – City of Newton, IA, LT Ron Cook – 22 JUN 2022
6. City of Newton, IA – Iowa Incident Report – 22-18513 – 22 JUN 2022
7. City of Newton, IA – Receipt – #21,388 – 23 JUN 2022
8. Memorandum – City Attorney Matthew Brick – Brick Gentry PC – 05 AUG 2022
9. Memorandum – City Attorney Matthew Brick – Brick Gentry PC – 07 MAR 2022
10. Jasper County, IA Sheriff – Records Response – 25 MAR 2022
1. Introduction
Enclosure (1.) shows Michael J. Merritt’s 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.) shows LT Wing communicating: “Requests for copies of a report need to be made to one of the records clerks in the front office. This can be done M-F between 8-4:30. I have included them in this email so they will have a heads up that you want it. Also I know there is a fee to get a copy of a report. I believe it is $10.”
Enclosure (3.) shows City Attorney Matthew Brick communicating in response to Enclosure (1.): “In your request #003, you requested “All Newton, IA Police Department 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.” 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 (4.) shows the City of Newton, IA Chief of Police Burdess communicating in response to an electronic mail from Michael J. Merritt requesting a status update to Enclosure (1.): “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.”
Enclosure (5.) shows the City of Newton, IA, LT Ron Cook’s response to Monica L. Speaks request for a police report: “Ms. Speaks, If you come to the police department they can provide you with a copy of the report. There is a five dollar fee, and I have told the office staff to expect you.”
Enclosure (6.) provides evidence of the Iowa Incident Report provided to Monica L. Speaks (female citizen) by the City of Newton, IA, in accordance with Iowa Code Section 22.7(5). At the same time, Enclosure (3.) shows City Attorney Matthew Brick communicating to Michael J. Merritt (male citizen) Iowa Incident Reports are confidential in accordance with Iowa Code Section 22.7.
Enclosure (7.) provides evidence of the collection of fees in accordance with Iowa Code Section 22.3 from Monica L. Speaks (female citizen) by the City of Newton, IA, for a form of record City Attorney Matthew Brick identified in Enclosure (3.) are confidential in accordance with Iowa Code Section 22.7.
Enclosure (8.) shows the City of Newton, IA Attorney Matthew Brick of Brick Gentry PC communicating in response to Iowa Public Information Board case: 22FC:0071: Paragraph (4.)(d.) “In this subparagraph, Mr. Merritt alleges that Police Lieutenant Ron Cook violated Iowa Code Chapter 22 by engaging in “gender-based discrimination” when he did not provide a copy of an incident report.1 See Exhibit B, p. 2. Any allegations involving discrimination are beyond the scope of this Agency; however, the City strongly denies that it treats individuals differently based on membership in a protected class.” Paragraph (6.) “Mr. Merritt repeatedly defames the City Attorney and other City staff in this subparagraph alleging unethical behavior, misrepresentation of facts, gender discrimination, and charging excessive fees to avoid providing records. If Mr. Merritt objected to the cost of any of the City’s responses, he could have contacted the City to discuss the fees or amended his requests to minimize the cost. The City affirms that the costs quoted to Mr. Merritt to respond to his voluminous requests—including a copy of every City email for an eighteen month period—are based on the actual cost estimates to provide the records. All of the other allegations in this subsection are beyond the scope of this Agency.”
Enclosure (9.) shows the City of Newton, IA Attorney Matthew Brick of Brick Gentry PC communicating in response to Iowa Public Information Board complaint 23FC:0030 in Paragraph (F.): “Further, the City has never refused to provide incident reports to Mr. Merritt (see, e.g., City’s February 9, 2023, response to records request). Instead, Mr. Merritt has been notified two things: (1) that he will have to pay for copies of requested incident reports; and (2) pursuant to Iowa Code Section 22.7.5, peace officers’ investigative reports are generally confidential.”
Enclosure (10.) provides evidence of all known Calls for Service documented by the Jasper County, IA Sheriff’s Department that was relayed to the City of Newton, IA Police Department. These documents provide evidence of the existence of corresponding Iowa Incident Reports stored and preserved by the City of Newton, IA Police Department; the City of Newton, IA, and City Attorney Matthew Brick communicated to a male citizen are confidential in accordance with Iowa Code Section 22.7. At the same time, evidence shown in Enclosures (6.) and (7.) articulate that the City of Newton, IA, Iowa Incident Report is not determined to be a confidential document by the City of Newton, IA, and City Attorney Matthew Brick of Brick Gentry P.C. when requested by a female citizen.
2. Strategic Analysis and Situation Report
The City of Newton, IA, has two options:
1. The City of Newton, IA, can provide the requested record in paragraph (3.) while providing evidence that City Attorney Matthew Brick violated the Iowa Rules of the Court Chapter 32:4.4(a.), 32:8.4(a.), and 32:8.4(c.) while misrepresenting Iowa Code Section 22.7. At the same time, the City of Newton, IA, and City Attorney Matthew Brick have produced evidence of concealing requested Iowa Incident Reports, including the name of the male citizen requesting them. Enclosures (6.) and (7.) provide evidence of the City of Newton, IA, releasing an Iowa Incident Report, including the name of the female citizen requesting it in accordance with Iowa Code Section 22.7(5.).
2. The City of Newton, IA, can continue withholding records that were originally requested in Enclosure (1.) on 04 JAN 2022. At the same time, producing evidence of violating Iowa Code Chapter 22 and Iowa Code Chapter 216 regarding evidence of gender-based inequality regarding public accommodations and evidence of the city’s inconsistent responses to record requests in accordance with Iowa Code Chapter 22.7(5.).
3. Requested Information
(a.) The City of Newton, IA Police Department Iowa Incident Report associated with Jasper County, IA Sheriff Call For Service #19010353.
(b.) Chest cam footage of LT Ron Cook providing the requested record shown in Paragraph (3.)(a.) to the originator of this request on 13 MAR 2023 at 1000 Local Time.
4. Conclusion
A Master of War does not expend resources on the battlefield. They execute actions during diplomacy that motivate their adversary to walk into a previously determined box canyon.
A law enforcement officer has authority over a citizen in accordance with our laws. When law enforcement officers produce evidence of failing to adhere to the laws they enforce, the authority of their badge devolves to the same level as the salt evidence indicates they have executed actions of injustice.
LT Cook, I respectfully submit that you are no longer in a position to give orders. You are going to take them in accordance with the laws reinforcing this request. You are in my world now, Sir.
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
