Chronicle Editorial

Body cam case reveals broader open records flaws
     A case involving the fatal shooting of a Burlington woman by police has the potential to change Iowa’s open records laws for the better by modernizing them to fit current technology trends.
     The Iowa Public Information Board (IPIB) last week rejected a staff recommendation to dismiss complaints from citizens seeking police body camera footage from the January 2015 shooting. The Iowa Division of Criminal Investigation and Burlington Police Department have repeatedly denied requests to release the full video, and IPIB staff members have supported that decision by recommending the board dismiss the citizens’ objections. They feel the two law enforcement agencies did not break Iowa law as it is currently written, but the IPIB last week voted to reject the recommendation for the second time and seek more information about whether body camera footage should be considered a public record.
     A majority of discussion has focused on Iowa Code Section 22.7: “Peace officers’ investigative reports, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere in this Code” may be confidential. According to a report in the Dec. 17 edition of Cedar Rapids Gazette, previous court rulings determined the law’s wording indicates only electronic correspondence and telephone billing could be made public after an investigation is closed. The IPIB staff was simply following precedent in its recommendation to the board, but members rightfully pointed out the law was written before body cameras became popular in law enforcement.
     The situation creates a gray area for the IPIB. Proposed changes to the law have not passed the Legislature in recent years, which have frustrated open-government advocates across the state. Accordingly, Iowa lawmakers should use the Burlington shooting as an anecdotal case to push for revised open record laws that include new technology like police body cameras.
     You don’t have to be up on the latest trends to know that technology changes by the day. New devices, software and other high-tech gadgets are being developed at a rapid rate, and it’s difficult for the average person to keep up. However, our laws must be able to keep pace with changes. Code Section 22.7 is outdated and needs revision. Both law enforcement officials and open-government advocates have lauded body cameras as a way to improve transparency and accountability for police, which is telling testimony in light of recent event across the nation. Iowa lawmakers should at least address the issue by deciding whether body cam footage is public record.
      The IPIB will now likely request a contested case hearing so an independent administrative law judge can rule on the Burlington records request. If its determined that the footage from the shooting was wrongfully withheld, the IPIB can issue a civil fine against both agencies for violating Iowa’s Open Records or Open Meetings Laws. However, that shouldn’t be the end of it. Legislators should make a concerted effort to improve the current law with revisions that include technological advancements in law enforcement. Body cameras will only continue to gain popularity, and it’s entirely likely a similar situation like the Burlington incident will occur in the future.