City of Spirit Lake, IA Administrator Owens:
The proof of certified delivery of my public records request dated 16 JAN 2024 through the United States Postal Service is included. I expect that the City of Spirit Lake, IA, reimburse me for the cost of this postage as the evidence shows the City of Spirit Lake, IA, disregarded my rights to serve a public records request electronically in the State of Iowa as protected by Iowa Code Section 22.4(2.) which states:
“In writing, by telephone, or by electronic means. The lawful custodian of the records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information.”
Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records) – Section 22.4(2.) – Public records requests.
Regarding your allegations that my correspondence or any electronic correspondence originating from the domain phoenixharbor.mystagingwebsite.com is “spam,” “bulk,” or “unsolicited” email and your assertion that you did not falsely accuse me of a crime, I have included the contents of Iowa Code Section 716A.2 Transmission of unsolicited bulk electronic mail – criminal penalties for the City of Spirit Lake, IA’s attorney to review.
I respectfully submit the following to the City of Spirit Lake, IA: I will get my 200 push-ups in accordance with the Iowa Code.
USPS Tracking#: 70222410000119705368
716A.2 Transmission of unsolicited bulk electronic mail — criminal penalties.
“1. A person who does any of the following is guilty of an aggravated misdemeanor:
Iowa Code Title XVI – CRIMINAL LAW AND PROCEDURE – Iowa Code Chapter 716A – Iowa Code Section 716A.2 Transmission of unsolicited bulk electronic mail — criminal penalties.
a. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
b. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or otherwise distribute computer software that does any of the following:
(1) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(2) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information.
(3) Is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
2. A person is guilty of a class “D” felony for committing a violation of subsection 1 when either of the following apply:
a. The volume of unsolicited bulk electronic mail transmitted exceeds ten thousand attempted recipients in any twenty-four-hour period, one hundred thousand attempted recipients in any thirty-day time period, or one million attempted recipients in any twelve-month time period.
b. The revenue generated from a specific unsolicited bulk electronic mail transmission exceeds one thousand five hundred dollars or the total revenue generated from all unsolicited bulk electronic mail transmitted to any electronic mail service provider by the person exceeds fifty thousand dollars.
3. A person is guilty of a class “D” felony if the person knowingly hires, employs, uses, or permits a person less than eighteen years of age to assist in the transmission of unsolicited bulk electronic mail in violation of subsection 2.
4. Transmission of electronic mail from an organization to a member of the organization shall not be a violation of this section. 2005 Acts, ch 123, §2; 2019 Acts, ch 140, §24″
The Form of Spirit Lake, IA, and the Unqualified Operator
Arrogance that is not accompanied by competence manifests a paradigm of checks being drafted that cannot be cashed.
Respectfully,
Cipher Hunter
Legal Disclaimer: The legal name of the originator of this correspondence is Michael J. Merritt, as documented by birth records stored and preserved by Marshall County, IA. No past, present, or future violation of the US or Iowa Code is being communicated or should be interpreted from the included video hosted by Google Inc. video streaming service YouTube.
Cipher Hunter: “Easy, Merritt, Let’s try not to get falsely accused of two crimes in the same week the State of Iowa selected a former President with multiple ongoing criminal court cases during the 2024 Iowa Caucus.”
