Declaration and Response to Iowa Civil Rights Commission Correspondence Dated 13 NOV 2023

Public Accommodations – Background
Michael J. Merritt vs. Iowa Public Information Board
Case Number: 10-23-80682

1. Describe the incident in question. Include as many details as possible regarding the date, location, and individuals involved. The Iowa Public Information Board produced evidence of refusing to process complaints that were submitted in accordance with Iowa Code Section 23.7. At the same time, the foundation of logic communicated in the Iowa Public Information Board’s 22 AUG 2023 (See Exhibit 1) correspondence regarding this refusal is not consistent with the evidence of what was provided to the Iowa Public Information Board by the Complainant regarding electronic service of the original record requests to the Respondents in those complaints.

2. What service were you seeking, and where did you go to get the service?  Complaints were filed with the Iowa Public Information Board in accordance with Iowa Code Section 23.7 on 11 AUG 2023 based upon evidence of several Iowa government bodies’ failure to respond or request an injunction from the Iowa Court related to requested records in accordance with Iowa Code Section 22.8(4.)(d.).

3. Who denied you the service?  Iowa Public Information Board Executive Director Eckley (known).

4. What is that person’s disability?  The evidence indicates the person identified in question 3 cannot communicate verbally or through written correspondence in a consistent form supported by evidence.  

5. When were you notified that the service would not be provided to you?  22 AUG 2023 (See: Exhibit 1).

6. How were you notified?  USPS First Class Mail (See: Exhibit 2).

7. What reasons were you given for the denial? Include all reasons.  Executive Director Eckley stated in Exhibit 1:

“The Iowa Public Information Board is not able to accept any of the 35 complaints filed at 3:48 a.m. on August 11, 2023. In reviewing the seemingly auto-generated and batched complaints, there is no evidence that any government entity has refused to comply with the request as made. There is also no evidence that the requests have been received by the entities. You have withdrawn your complaints against the Iowa Department of the Blind and the Iowa Secretary of State’s office, the remaining 33 complaints are dismissed as failing to allege a violation of Iowa Code Chapter 22.”

Memorandum – Iowa Public Information Board Executive Director – 22 AUG 2023

The Iowa Public Information Board’s posture against the Complainant regarding the evidence of electronic service provided to the Iowa Public Information Board in the above-referenced complaints appears to violate the Complainant’s rights protected by Iowa Code Section 22.4(2.). At the same time, this completely contradicts internal communications documented by Clark Kauffman of the Iowa Capital Dispatch, who reported:

“Pottorff responded by indicating Merritt’s actions were “probably related to his mental health issues” and suggested Eckley consult with the Iowa Department of Public Safety.”

Ref 2. Clark Kauffman, Iowa Capital Dispatch September 22. “How One Man’s Actions Led to Proposed New Limits on Public-Records Access.” Iowa Capital Dispatch, 23 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/.

“We’ve had some issues with individuals filing hundreds of requests and engaging in abuse – what many would consider abusive and harassing conduct related to those,” Eckley told the committee. “And so looking at it there’s not a lot that individuals can do if they’re in that situation. There’s very little that they can do other than to continue to just take the harassment and continue to have to review the information from that individual to make sure they are complying with their (Open Records Law) requirements.”

Kauffman, Clark. “Proposed Bill Would Block “Vexatious” Citizens from Accessing Public Records – Iowa Capital Dispatch.” Iowa Capital Dispatch, 15 Sept. 2023, iowacapitaldispatch.com/2023/09/15/proposed-bill-would-block-vexatious-citizens-from-accessing-public-records/. Accessed 14 Dec. 2023.

“She added that she has “become aware of an individual basically automating across all counties, all school boards, all cities, and such, seeking extensive records and then the communications after that can be quite abusive and harassing.”

Ref 1. Clark Kauffman, Iowa Capital Dispatch September 15. “Proposed Bill Would Block ‘vexatious’ Citizens from Accessing Public Records.” Iowa Capital Dispatch, 15 Sept. 2023, iowacapitaldispatch.com/2023/09/15/proposed-bill-would-block-vexatious-citizens-from-accessing-public-records/.

“At one point he told me he was going to develop a database of information to make request to government entities easier – particularly how they store emails,” Eckley told the board members. “I am not sure his actions are meant to be a cybersecurity threat, but he could be creating information that others could use for attacks.”

Ref 2. Clark Kauffman, Iowa Capital Dispatch September 22. “How One Man’s Actions Led to Proposed New Limits on Public-Records Access.” Iowa Capital Dispatch, 23 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/.

4a. Any other act of harassment is harassment in the third degree.

Title XVI – CRIMINAL LAW AND PROCEDURE – Iowa Code Chapter 708 – Section 708.7(4.)(a.)

b. Harassment in the third degree is a simple misdemeanor.

Title XVI – CRIMINAL LAW AND PROCEDURE – Iowa Code Chapter 708 – Section 708.7(4.)(a.)

8. Why do you believe you were denied services? Why do you think this? Be specific.  The Complainant is under no legal obligation to provide any theories, speculation, perceptions, understandings, or other personal beliefs regarding the alleged thought process that is believed to have produced evidence of questionable or alleged unlawful conduct. The purpose of this correspondence is to provide facts supported by the evidence for the Iowa Civil Rights Commission to perform its duties in accordance with Iowa Code Chapter 216 concerning this complaint that has been filed against the Iowa Public Information Board.

9. Were you qualified for service?  Yes/No If not, did the Respondents know this?  Iowa Code Chapter 23.7 states, 

“23.7 Filing of complaints with the board. 1. The board shall adopt rules pursuant to chapter 17A providing for the timing, form, content, and means by which any aggrieved person, any taxpayer to or citizen of this state, the attorney general, or any county attorney may file a complaint with the board alleging a violation of chapter 21 or 22. The complaint must be filed within sixty days from the time the alleged violation occurred or the Complainant could have become aware of the violation with reasonable diligence. All complaints filed with the board shall be public records. 2. All board proceedings in response to the filing of a complaint shall be conducted as expeditiously as possible. 2012 Acts, ch 1115, §10, 17.”

Title I – STATE SOVEREIGNTY AND MANAGEMENT – Iowa Code Chapter 23 – Iowa Code Section 23.7

As the evidence shows, the Complainant is a citizen of the State of Iowa who provided the Iowa Public Information Board evidence of Iowa government body failures related to their performance concerning requests submitted in accordance with Iowa Code Chapter 22. At the same time, evidence indicates these complaints were consistent with complaints that the Iowa Public Information Board has previously accepted from other citizens. The evidence suggests Executive Director Eckley misrepresented the true purpose of her 22 AUG 2023 refusal to provide services that the tax-funded public information board the Executive Director administers provides the citizens of Iowa. At the same time, redirecting the light away from the true reason services requested in accordance with Iowa Code Chapter 23 were being denied. The evidence indicates, as documented by the Iowa Press, that the actual reason, as shown by the Iowa Public Information Board’s internal communications, was because of a lack of resources to accommodate the number of complaints that evidence indicates is the actual state of public record access in the State of Iowa. At the same time, this alleged public information board internally attacked and discriminated against the Complainant’s properly filed complaints and “mental health issues,” as communicated by Pottorf. Evidence reported by Clark Kauffman suggests that the Iowa Public Information Board’s solution to neutralizing this “problem” was to communicate a state-wide false narrative against the Complainant involving alleged abuse and criminal conduct (Iowa Code Section 708.7) that is not supported by the evidence. At the same time, the evidence suggests the Iowa Public Information Board sought external support throughout the State of Iowa to crush the credibility and life of a citizen who had communicated testimony supported by evidence questioning the ethical validity and use of public tax dollars by this alleged public information board.

10. Why do you feel you were qualified for service?  Iowa Code Section 23.7 articulates that the Complainant, in this case, is eligible for all tax-funded accommodations and services the Iowa Public Information Board provides regarding determining and mediating evidence supporting an alleged Iowa government body violation of either Iowa Code Chapter 21 or 22.

11. Has anyone else (no more qualified than you) received the service? Explain: Insufficient Data: The quantity of cases the evidence indicates the Iowa Public Information Board has processed during the calendar year 2024 indicates services have been provided to other citizens that provided complaints and supporting evidence similar to complaints filed by the Complainant, including evidence supporting a violation of either Iowa Code Chapters 21 or 22. At the same time, the complaints submitted by the Complainant that the Iowa Public Information Board refused to process in accordance with Iowa Code Section 23.7 were in the same format of provided information and evidence as previous and current complaints the Iowa Public Information Board has processed for the Complainant.

12. What is that person’s disability?  As disabilities of any form are generally protected by “The Health Insurance Portability and Accountability Act of 1996,” the Complainant has no supporting data to support a definitive response to this question.

Public Accommodations – General Treatment
Michael J. Merritt vs. Iowa Public Information Board
Case Number: 10-23-80682

1. How were you treated differently because of your disability? Give specific details.  Available evidence indicates that of all the complaints the Iowa Public Information Board has processed during the calendar year 2024, the Complainant, in this case, was the only Iowa tax-payer who was publicly attacked regarding his mental health disabilities. At the same time, the evidence indicates the Iowa Public Information Board sought public support against the Complainant while criminalizing him with a false allegation of criminal conduct (Iowa Code Section 708.7) and other alleged abuses that are not supported by the evidence.

“We’ve had some issues with individuals filing hundreds of requests and engaging in abuse – what many would consider abusive and harassing conduct related to those,” Eckley told the committee. “And so looking at it there’s not a lot that individuals can do if they’re in that situation. There’s very little that they can do other than to continue to just take the harassment and continue to have to review the information from that individual to make sure they are complying with their (Open Records Law) requirements.”

Kauffman, Clark. “Proposed Bill Would Block “Vexatious” Citizens from Accessing Public Records – Iowa Capital Dispatch.” Iowa Capital Dispatch, 15 Sept. 2023, iowacapitaldispatch.com/2023/09/15/proposed-bill-would-block-vexatious-citizens-from-accessing-public-records/. Accessed 14 Dec. 2023.

“Pottorff responded by indicating Merritt’s actions were “probably related to his mental health issues” and suggested Eckley consult with the Iowa Department of Public Safety.”

Ref 2. Clark Kauffman, Iowa Capital Dispatch September 22. “How One Man’s Actions Led to Proposed New Limits on Public-Records Access.” Iowa Capital Dispatch, 23 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/.

2. How were you treated differently from persons who are different from you in disability? As disabilities of any form are generally protected by “The Health Insurance Portability and Accountability Act of 1996,” the Complainant has no supporting data to support a definitive response to this question. Available evidence indicates the Iowa Public Information Board has not launched what evidence suggests was a public defamation campaign against any other citizens while attacking their “mental health issues” or attempting to criminalize them.

3. Who treated you differently? List those persons who treated you differently by name, position, or disability. Iowa Public Information Board Executive Director Eckley/Iowa Public Information Board Member Julie Pottorff, Des Moines (Public Representative, 2020-2024) (known).

4. Describe all of the ways that you were treated differently because of your disability. Include dates, times, locations, and names and titles of all persons involved.  Executive Director Eckley states in Exhibit 1:

“The Iowa Public Information Board is not able to accept any of the 35 complaints filed at 3:48 a.m. on August 11, 2023. In reviewing the seemingly auto-generated and batched complaints, there is no evidence that any government entity has refused to comply with the request as made. There is also no evidence that the requests have been received by the entities. You have withdrawn your complaints against the Iowa Department of the Blind and the Iowa Secretary of State’s office, the remaining 33 complaints are dismissed as failing to allege a violation of Iowa Code Chapter 22.”

Memorandum – Iowa Public Information Board Executive Director – 22 AUG 2023

At the same time, this reasoning completely contradicts internal communications documented by Clark Kauffman of the Iowa Capital Dispatch, who reported:

“Pottorff responded by indicating Merritt’s actions were “probably related to his mental health issues” and suggested Eckley consult with the Iowa Department of Public Safety.”

Ref 2. Clark Kauffman, Iowa Capital Dispatch September 22. “How One Man’s Actions Led to Proposed New Limits on Public-Records Access.” Iowa Capital Dispatch, 23 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/.

“We’ve had some issues with individuals filing hundreds of requests and engaging in abuse – what many would consider abusive and harassing conduct related to those,” Eckley told the committee. “And so looking at it there’s not a lot that individuals can do if they’re in that situation. There’s very little that they can do other than to continue to just take the harassment and continue to have to review the information from that individual to make sure they are complying with their (Open Records Law) requirements.”

Kauffman, Clark. “Proposed Bill Would Block “Vexatious” Citizens from Accessing Public Records – Iowa Capital Dispatch.” Iowa Capital Dispatch, 15 Sept. 2023, iowacapitaldispatch.com/2023/09/15/proposed-bill-would-block-vexatious-citizens-from-accessing-public-records/. Accessed 14 Dec. 2023.

“She added that she has “become aware of an individual basically automating across all counties, all school boards, all cities, and such, seeking extensive records and then the communications after that can be quite abusive and harassing.”

Ref 1. Clark Kauffman, Iowa Capital Dispatch September 15. “Proposed Bill Would Block ‘vexatious’ Citizens from Accessing Public Records.” Iowa Capital Dispatch, 15 Sept. 2023, iowacapitaldispatch.com/2023/09/15/proposed-bill-would-block-vexatious-citizens-from-accessing-public-records/.

“At one point he told me he was going to develop a database of information to make request to government entities easier – particularly how they store emails,” Eckley told the board members. “I am not sure his actions are meant to be a cybersecurity threat, but he could be creating information that others could use for attacks.”

Ref 2. Clark Kauffman, Iowa Capital Dispatch September 22. “How One Man’s Actions Led to Proposed New Limits on Public-Records Access.” Iowa Capital Dispatch, 23 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/.

5. Why do you believe you were treated differently?  The Complainant is under no legal obligation to provide any theories, speculation, perceptions, understandings, or other personal beliefs regarding the alleged thought process that is believed to have produced evidence of questionable or alleged unlawful conduct. The purpose of this correspondence is to provide facts supported by the evidence for the Iowa Civil Rights Commission to perform its duties in accordance with Iowa Code Chapter 216 concerning this complaint that has been filed against the Iowa Public Information Board.

6. Did you complain to anyone at the time about how you were treated? If so, to whom did you complain, and what was the response you received?  As the evidence shows in the form of public records stored and preserved across the State of Iowa by various Iowa government bodies and electronic mail sent to the Iowa Legislature, the Complainant has gone to great lengths to increase awareness regarding the handling of domestic abuse in the State of Iowa, and the evidence of gender-based discrimination, mental health based discrimination and evidence of other unethical acts executed by involved government bodies intended to allegedly assist with the concealment of public records documenting these events and acts related to them. The Complainant is standing by to provide nearly 200 electronic mail auto-responses upon request from the Iowa Legislature and other Iowa government bodies associated with these electronic correspondence sent by the Complainant documenting these concerns.

Public Accommodations – Disability
Michael J. Merritt vs. Iowa Public Information Board
Case Number: 10-23-80682

1. Do you consider yourself disabled? If so, what is your disability? When did you first become disabled?  The United States Department of Veterans Affairs documented service-connected disabilities related to the Complainant’s health in 2017 including but not limited to the following:

Severe Depression
Anxiety
Obsessive Compulsive Disorder (OCD)

The United States Department of Veterans Affairs documented and diagnosed the Complainant with post-traumatic stress Disorder (PTSD) related to historical trauma caused by historical false allegations of criminal conduct (CA Code/IA Code/UCMJ evidence shows originated and has been ongoing since 2014 from various malicious parties during inpatient treatment that occurred during May – June 2023. The Complainant was referred to 6 weeks of inpatient care a few weeks after the Complainant was falsely accused of stalking Jasper County, IA employees (Iowa Code Section 708.11) by Jasper County, IA employee Ryan Eaton. Jasper County, IA, Sheriff Halferty has communicated there is no merit to these allegations and that his office would have investigated them if there were.

“Eaton, the Jasper County information-technology specialist who had been dealing with Merritt, told Eckley: “The vexatious requester legislation looks great. It gives us the ability to present you with our case and actionable steps.”

Kauffman, Clark. “How One Man’s Actions Led to Proposed New Limits on Public-Records Access – Iowa Capital Dispatch.” Iowa Capital Dispatch, 22 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/. Accessed 14 Dec. 2023.

Historical Timeline of False Allegations of Criminal Conduct Utilized by the Malicious for Strategic Gain Against the Complainant

2014 – USS Ronald Regan (CVN-76) – The Complainant exposed and reported a shipboard cheating ring involving the shipboard information warfare qualification program. The Combat Systems Department chain of command responsible for the information systems where the data breach occurred attempted to criminalize the Complainant after reporting this situation. At the same time, the USS Ronald Regan Combat Systems Department chain of command produced evidence of retaliation against a whistle-blower who reported alleged unethical use of the shipboard information systems for personal gain. The Complainant provided a voluntary sworn statement to the onboard Master-At-Arms, and the Departmental Master Chief for Combat Systems directed the halting of improper disciplinary and malicious actions being executed against the Complainant, who reported the test cheating ring two weeks after reporting onboard. This Departmental Master Chief is a shipmate the Complainant considers a friend and is an enlisted leader that the Complainant served with during his 2001 deployment while serving on the USS Princeton (CG-59) during the events of September 11, 2001.

2015 – The Complainant was placed on limited duty by the United States Navy related to 13 years of documented domestic abuse related to psychological abuse, emotional abuse, and one instance of physical assault perpetrated by Claudia J. Bergman. The Complainant was treated for severe depression, anxiety, and obsessive-compulsive disorder symptoms that were aggravated by the evidence of this domestic abuse.

2017 – 2021 – Claudia J. Merritt/Bergman began falsely accusing the Complainant of multiple forms of sexual abuse during two separate phases of false allegations of criminal conduct against the Complainant. Claudia J. Bergman retracted her first phase while communicating to the Complainant’s final US Navy chain of command while articulating her history of mental health issues. Upon the Complainant refusing to reconcile with her, Claudia J. Bergman began spreading more malicious and heinous allegations of sexual abuse against the Complainant. The San Diego County Sheriff, the United States Navy, and the San Diego East County Superior Court Department 5 all documented zero evidence supporting any of the allegations Claudia J. Bergman utilized to validate the concealment of the Complainant’s children he has not seen since 2017.

2019 – 2020 – Hope United Methodist Church, Marshalltown, IA/Iowa Conference of the United Methodist Church – The Complainant filed a complaint against the Music Director of Hope United Methodist Church of Marshalltown, IA, in October 2018. Beginning in December 2018, as documented by public records stored and preserved by the Marshalltown, IA Police Department, Pastor Nancy Smith and Meghan Schumacker (Previous Music Director) began falsely accusing the Complainant of harassment and threats. At the same time, these two alleged followers of Christ produced evidence of conflicting statements documented on public records and evidence of calculated hysteria directed toward the Complainant’s mental health disabilities. The motivation for these acts executed by the leadership of the Iowa Conference of the United Methodist Church evidence suggests was to silence and halt the Complainant’s public testimony supported by evidence that indicated the leadership of this church was involved in communications with Claudia J. Bergman regarding her false allegations of sexual abuse. At the same time, the evidence shows Claudia J. Bergman was executing a multi-state, multi-year cyberbullying agenda against the Complainant while utilizing false allegations of sexual abuse that are supported by zero evidence as documented by San Diego East County Superior Court on 16 SEP 2021 (ED100465). This theory is supported by Meghan Schumackers’ name showing up in Claudia J. Bergman’s private and public communications during her multi-year multi-state cyberbullying attack against the Complainant. At the same time, she attacked the Complainant with malicious and unwanted sexually explicit dialog through direct messages while utilizing a portable electronic communications device. The City of Newton’s IA Police Department articulated that the First Amendment protected this behavior.

In contrast, the City of Newton, IA Chief of Police Burdess, produced evidence of crawling into his desk and hiding. At the same time, the Complainant requested public records documenting his department’s handling of these events for over one year.

The malicious conduct perpetuated by the Iowa Conference of the United Methodist Church led to the Marshalltown, IA Police Department and the City of Newton, IA Police Department searching the Complainant’s home based on zero evidence of a crime weeks after the Complainant was discharged from the US Department of Veterans Affairs Medical Center in Des Moines, IA during the Spring of 2019 after a week of treatment related to suicidal ideations. The Complainant was not in the State of Iowa during this search of his home, as court documents and travel tickets show he was returning from a court date in the State of California. Ultimately, the historical record, as supported by public records produced by the City of Newton, IA, shows that the City of Newton, IA, falsely accused the Complainant of violating the same section of the Iowa Code (Iowa Section 708.7) on 08 AUG 2022 that was documented on the criminal complaints filed by the Complainant against Claudia J. Bergman Chief of Police Robert Burdess concealed for over one year after they were initially requested on 04 JAN 2022.

November 2020 – Matthew E. Merritt of Ames, IA – Falsely accused the Complainant of violating Iowa Code Section 708.7 upon the Complainant contacting him with evidence showing that Matthew E. Merritt and Sara N. Merritt concealed two children in the State of Iowa. At the same time, they concealed these children from court-ordered appearances in the State of California, where Honorable Judge Martin of San Diego East County Superior Court Department 5 ordered these children on 05 JUN 2019 to appear in court in San Diego, CA and provide their testimony regarding the allegations of sexual abuse Claudia J. Bergman their mother documented on her 17 MAY 2019 domestic abuse restraining order request that she ultimately brought zero evidence to support on 05 JUN 2019 and 31 OCT 2019.

November 2021 – Matthew E. Merritt of Ames, IA – Falsely accused the Complainant of violating Iowa Code Section 708.7. At the same time, the evidence (web traffic logs stored and preserved within the Complainant’s website/public domain name system (DNS) records showing the City of Newton, IA, and the City of Ames, IA browsing history on his website during the last week of November 2021) indicates this was motivated because Matthew E. Merritt was offended by a piece of fictional creative writing the Complainant published on his website that was never shared on social media or sent to anyone. Evidence shows the City of Newton, IA, monitored the Complainant’s website for approximately one week after Matthew E. Merritt’s criminal complaint to the Ames, IA, Police Department. At the same time, the City of Newton, IA, had zero evidence motivating this surveillance. The evidence showing the City of Newton, IA, monitored the Complainant’s website for one week during November 2021 provides evidence that the City of Ames, IA, Police Department or Matthew E. Merritt contacted the City of Newton, IA, Police Department producing a Call For Service/Iowa Incident Report the City of Newton, IA, has failed to release as of the date of this correspondence.

08 AUG 2022 – the City of Newton, IA/Brick Gentry P.C./City of Newton, IA Attorney Matthew Brick/Chief of Police Robert Burdess communicated a false allegation against the Complainant of violating Iowa Code Section 708.7 during Iowa Public Information Board case 22FC:0071. At the same time, the City of Newton, IA City Attorney and the City of Newton, IA halted access to public accommodations against the Complainant for six months while producing evidence of violating the Complainant’s rights as protected by Section 6, 7, 9, and 10 of the Constitution of the State of Iowa given the evidence that shows the City of Newton, IA failed to present evidence of this alleged violation of the Iowa Code in front of the Iowa Court.

Strategic Analysis of the City of Newton, IA’s False Criminal Allegation against the Complainant: Iowa Code Chapters 21 and 22 provide citizens access to public records and recordings of public meetings showing the interactions between citizens and their elected and appointed leadership. The City of Newton, IA, public meeting minutes governed by Iowa Code Chapter 21 provide evidence that the City of Newton, IA, elected leadership does not allow citizen dialog/interaction with their elected leaders during public meetings. Naturally, the possible motive for this position is most likely to prevent the production of evidence of elected leadership dialog in response to citizen inquiry during a public meeting that could be utilized against the City of Newton, IA. This paradigm is consistent with the City of Newton, IA’s false allegations of criminal conduct against the Complainant that led to the City of Newton, IA, blocking the ability of the Complainant (and at the time Complainant in IPIB case 22FC:0071 against the City of Newton, IA), from being able to communicate electronically with his elected and appointed leaders because it produced a vehicle for City of Newton, IA Attorney Brick to eliminate the production of public records (electronic mail) between the Complainant and his client the City of Newton, IA during IPIB case 22FC:0071 that could have been used against the City of Newton, IA. At the same time, publicly available evidence shows that during these unethical attacks by the City of Newton, IA, against the Complainant, the Iowa Public Information Board had accepted the Complainant’s case 22FC:0071 against the City of Newton, IA.

“(4) Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur.”

Title XVI – CRIMINAL LAW AND PROCEDURE – Iowa Code Chapter 708 – Section 708.1(a.)(4.)

12 MAR 2023 – Ryan Eaton – Falsely accused the Complainant of “stalking” (Iowa Code Section 708.11) Jasper County, IA employees as justification for why the Complainant was blocked on social media from viewing Jasper County, IA social media assets during the 2022 election year. Jasper County, IA, Sheriff Halferty has communicated there is no merit to Ryan Eaton’s criminal allegation against the Complainant, and if there were, his office would have investigated it. The Complainant will be presenting a timeline supported by several hundred linear points of evidence during 2024, dismantling the integrity of Jasper County, IA employee Ryan Eaton and some of the alleged county leadership that evidence shows directed and continued to authorize his actions against the Complainant.

Summer 2023 – Iowa Public Information Board Executive Director Eckley – Publicly accused the Complainant of violating Iowa Code Section 708.7 and executing other acts of abuse against Iowa government bodies during public record requests, as reported by the Iowa Press. As of the date of this correspondence, there are zero Iowa Court records supporting this testimony provided by the Iowa Public Information Board’s Executive Director as documented by the Iowa Press. The evidence supports the conclusion that this criminal allegation is nothing more than strategically targeted hysteria supported by zero evidence that Executive Director Eckley has deployed while attempting to manipulate the Iowa Legislature and the public to secure augmented political power for herself and the Iowa Public Information Board. At the same time, the Iowa Public Information Board destroys the life and credibility of a citizen who previously communicated testimony supported by evidence questioning Iowa Public Information Board Executive Director Eckley’s ability to properly and ethically administer the Iowa Public Information Board.

2. What was your health condition on 8/22/2023? The Complainant spent most of August through October sick in bed after being released from inpatient care provided by the US Department of Veterans Affairs Des Moines, IA Medical Center in late June 2023 related to symptoms manifested by his service-connected disabilities. The unwanted electronic mail from Jasper County, IA employee Ryan Eaton continued after the Complainant’s release from the Des Moines, IA VA Medical Center after the Complainant provided Jasper County, IA Attorney Nicholson guidance through electronic mail to halt Ryan Eaton’s contact with the Complainant based on evidence of his false allegations of criminal conduct, abuse of power, and other falsehoods related to the evidence of Jasper County, IA’s failure to provide public records documenting its conduct against the Complainant. Evidence indicates Executive Director Eckley coordinated with Jasper County, IA Employee Ryan Eaton during the development phase of the Iowa Public Information Board’s proposed legislation (Proposed Iowa Code Section 23.8A) that members of the Iowa Press have articulated that evidence indicates was directed at the Complainant.

“Eaton, the Jasper County information-technology specialist who had been dealing with Merritt, told Eckley: “The vexatious requester legislation looks great. It gives us the ability to present you with our case and actionable steps.”

Kauffman, Clark. “How One Man’s Actions Led to Proposed New Limits on Public-Records Access – Iowa Capital Dispatch.” Iowa Capital Dispatch, 22 Sept. 2023, iowacapitaldispatch.com/2023/09/22/how-one-mans-actions-led-to-proposed-new-limits-on-public-records-access/. Accessed 14 Dec. 2023.

Prejudice and the Manifestation of Discrimination

The Complainant’s health has been in a slow, gradual decline as he has stood this watch in nearly complete isolation with zero external support systems in a world of increasingly advancing hostility toward his pursuit of justice. At the same time, one of the purposes and objectives of domestic and other forms of abuse is to remove healthy support systems from the target or victim, expediting the victim’s arrival at a state where they are unable to defend themselves. As the evidence shows, Claudia J. Bergman was successful in accomplishing this as the evidence indicates that her false allegations of sexual abuse targeted at the Complainant perpetrated a reality around the Complainant where the evidence shows no law enforcement, religious organizations, or other forms of social support desired to provide assistance or connection to an alleged “rapist” and “child molester” (Disclaimer: language syntax utilized to provide evidence of the adjectives used by Claudia J. Bergman to label the Complainant publicly on social media from 2018 – 2020. This situation has ultimately led to government bodies that were involved producing evidence of public record concealment and other forms of abuse of power against the Complainant. The Complainant now lives in a reality where he has no family, friends, or country. At the same time, he deals with evidence of elected and appointed leaders who provide consistent evidence that their careers are more important than the lives of others.

False Allegations of sexual abuse or other forms of abuse against a specific innocent target are a near-perfect form of domestic abuse or nonintimate partner abuse. After a victim departs the four walls of a domestic environment or other social interaction where they historically experienced documented abuse, the actual assailant can reacquire control over their victim by distorting the existential reality of the world the victim lives or is fleeing to, at the same time, manifesting within future unknown parties the same form of isolation, prejudice, and other forms of abuse toward their victim. In contrast, the actual assailant is removed from the equation. At the same time, the actual assailant has perpetuated a paradigm of future abuse toward their victim where their reputation and credibility are destroyed in the eyes of others during future social interactions that produce little or no criminal evidence against the actual assailant who executed actions that manifested this false alternate reality the real victim will slowly drown in while existing in a world where they are rejected by society and abandoned. At the same time, those the actual victim interacts with in the future are motivated by social-cultural norms toward the false allegation of abuse the true victim has been labeled.

It is logical to conclude that a secondary motive and agenda accomplished by the Iowa Public Information Board Executive Director’s public narrative of false allegations of criminal conduct and other forms of abuse against the Complainant is that it motivates government bodies to ignore and disregard correspondence from the Complainant in the future. This theory is supported by the overall sum of the proposed Iowa Code Section 23.8A, specifically subsection 23.8(f), which articulates, “(f) Final decision.—Upon the vote of the board to grant the petition, the board may provide appropriate relief commensurate with the vexatious conduct, including, but not limited to, an order that the government body need not comply with future requests from the vexatious requester for a specified period of time, but not to exceed one year.”

3. Do you have any specific physical or mental limitations? Yes/No If yes, what were they? Be specific. The United States Department of Veterans Affairs has documented the Complainant at an 80% Service Connected Disability level related to numerous health issues, including but not limited to mental health disabilities (Severe Depression, Anxiety, and Obsessive Compulsive Disorder (OCD). Additionally, the United States Department of Veterans Affairs recently diagnosed the Complainant with post-traumatic stress disorder (PTSD) related to false allegations of criminal conduct that have been directed at the Complainant since 2014.

4. How long did those limitations last? From when to when? These limitations or disabilities began manifesting symptoms during the Complainant’s active duty service. They were aggravated by evidence of daily domestic abuse (psychological, emotional, and one instance of physical assault) perpetrated by Claudia J. Bergman, documented in the Complainant’s medical record. After proper treatment in 2016, and experiencing what the Complainant felt was his first genuine spiritual connection with someone that changed the Complainant’s life and helped him to find himself upon returning to the State of Iowa. These symptoms were minimal and manifested a reality where the Complainant was functional and able to enjoy life. During the years of 2019 – present, while the Complainant has dealt with what evidence indicates is the proper form of the State of Iowa, the consistent attacks and desires by many, as supported by the evidence, to falsely criminalize and imprison the Complainant by many malicious and what evidence indicates are unethical parties have perpetuated a paradigm where the majority of the Complainant’s health issues are triggered causing a paralyzing state of mental anguish and physical distress that perpetuates daily sickness witnessed by a citizen currently enrolled in a Masters level educational program focused in psychology.

5. What did the Respondent know about your health condition or limitations? What did you tell Respondent? Did the Respondent make any statements regarding your disability?  The evidence supporting that the Iowa Public Information Board was aware of the Complainant’s disabilities is shown in recent articles published by the Iowa Press mentioning them. At the same time, members of the Iowa Press referenced public records allegedly provided by the Iowa Public Information Board. Suppose the Iowa Civil Rights Commission would like copies of all of the Complainant’s electronic mail articulating that he has service-connected mental health disabilities that have been provided to the Iowa Public Information Board. In that case, these can be made available upon request. At the same time, as evidence indicates, the Iowa Civil Rights Commission has been included in most of the Complainant’s electronic mail, and this should not be necessary.

6. Could the Respondent have accommodated your health condition/limitations?  Yes/No If yes, how? Be specific.  If the Iowa Public Information Board had invested the time and tax dollars that evidence shows it invested toward its proposed Iowa Vexatious Requester Bill toward processing the complaints that the Complainant submitted. At the same time, evidence indicates the Iowa Public Information Board was attempting to criminalize and discriminate against the Complainant; it is quite possible there would not have been a reason to file a complaint. At the same time, there would not be additional tax dollars being wasted by the Iowa Civil Rights Commission investigating the alleged conduct of Iowa Public Information Board Executive Director Eckley against a citizen weeks after that citizen communicated testimony supported by evidence of her improper conduct and intentions to file a complaint against the Executive Director with the Iowa Supreme Court Attorney Disciplinary Review Board. The elite and the powerful can attempt to spin this situation however they desire. At the same time, they communicated allegations they had produced evidence of lacking the courage to present in front of the Iowa Court. At the same time, this situation, in its most basic form, only provides evidence of a leader of an Iowa government body that utilized tax-funded time and resources while manifesting a state-wide crucifixion against a citizen who voiced an intention to file a complaint against her.

7. Did you request this accommodation from the Respondent? What was their response? (See: Exhibits 1 and 2)

The Form of the Iowa Public Information Board

Complainant: “How can we trust the copied and pasted words of attorneys that your Executive Director puts on her dismissals when the evidence shows that those people, including City Attorney Brick on the intercom, are documented liars? If I harassed or threatened the City of Newton, I know that is aggressive language, and I apologize, but I have been pretty brutally attacked, and I have done nothing wrong to anybody, and I don’t appreciate it.”

Iowa Public Information Board Chairman: “The only cases that we can discuss are ones that involve Chapter 21 and Chapter 22.”

Complainant: “I understand that Ma’am, I understand that, but the problem here is, is that you are basing a dismissal off of testimony that the evidence shows is people that are not speaking testimony that is supported by evidence. You are documenting your dismissal based on the words of people that evidence shows use manipulative and evolving language to produce a dialog and sum that will correlate to produce the sum that they are after, and it does not matter to me what this board does dismissal or otherwise the truth always perpetuates itself and as I have no children anymore to invest my life in I have plenty of time to investigate this board’s failure to properly protect citizens rights in accordance with Iowa Code Chapter 22, and I respectfully submit that is what my intention is to do.”

The Complainant has no response regarding the questions related to retaliation. As the evidence suggests, Iowa Public Information Board Executive Director Eckley’s actions against the Complainant are allegedly retaliation related to the Complainant’s communicated intention to file a complaint against her (Exhibit 5.) with the Iowa Supreme Court Disciplinary Review Board and investigate the evidence of the failure that the Complainant believes the Iowa Public Information Board to be. It is the Complainant’s understanding that as the questions are presented, it is the Complainant’s belief that retaliation handled by the Iowa Civil Rights Commission is related to evidence of retaliation related specifically to behavior by a respondent after a complaint has been filed against them. The Complainant has no evidence at this time to report.

“Ultimately this world will continue to try and criminalize me and crucify me because that is the reality of what it must do to protect the world of deceit it has built its monuments and capitals on. If the State of Iowa were righteous, then the evidence would not support the conclusion that its Iowa Public Information Board Executive Director would misrepresent numerous facts supported by evidence in her dismissals while allegedly assisting two government bodies with concealing public records that document their alleged unethical acts Iowa code Chapter 22 articulates are public records.”

Exhibit 5 – Electronic Mail – Michael J. Merritt – 13 JUL 2023

I will obey the laws of this world, but I will not worship the lies on which it stands.

Respectfully,

Michael J. Merritt, USN Retired/Writer
Founder:  phoenixharbor.mystagingwebsite.com/iw
Creative Writer/Musician
Information Warfare Specialist
Information Systems Manager

“Lies and misrepresentations pay for the Iowa Legislature’s bills in Erika’s mErika.”

Cipher Hunter

Exhibit 1 – Iowa Public Information Board’s 22 AUG 2023 response.
Exhibit 2 – USPS First Class Mail Service.
Exhibit 3 – Video Capture – Iowa Public Information Board 20 JUL 2023 meeting.

Exhibit 4 – 15 SEP 2023 – IPIB Legislative Committee Meeting
Exhibit 5 – Electronic Mail – Michael J. Merritt – 13 JUL 2023
Exhibit 6 – IPIB Complaint – Department for the Blind – 464
Exhibit 8 – IPIB Complaint – Office of the Secretary of State – 475
Exhibit 9 – IPIB Complaint – Crawford County IA – 492
Exhibit 10 – IPIB Complaint – Dallas County IA – 493
Exhibit 11 – IPIB Complaint – Dickinson County IA – 497
Exhibit 12 – IPIB Complaint – Fayette County IA – 499
Exhibit 13 – IPIB Complaint – Jasper County IA – 501
Exhibit 14 – IPIB Complaint – Fremont County IA – 502
Exhibit 15 – IPIB Complaint – Hardin County IA – 506
Exhibit 16 – IPIB Complaint – Jasper County IA – 514
Exhibit 17 – IPIB Complaint – Keokuk County IA – 517
Exhibit 18 – IPIB Complaint – Lucas County IA – 521
Exhibit 19 – IPIB Complaint – Marion County IA – 525
Exhibit 20 – IPIB Complaint – Page County IA – 533
Exhibit 21 – IPIB Complaint – Palo Alto County IA – 534
Exhibit 22 – IPIB Complaint – Pottawattamie County IA – 537
Exhibit 23 – IPIB Complaint – Poweshiek County IA – 538
Exhibit 24 – IPIB Complaint – Scott County IA – 540
Exhibit 25 – IPIB Complaint – Warren County IA – 546
Exhibit 26 – IPIB Complaint – City of Asbury IA – 553
Exhibit 27 – IPIB Complaint – City of Clarinda IA – 560
Exhibit 28 – IPIB Complaint – Jasper County IA – 563
Exhibit 29 – IPIB Complaint – City of Eldridge IA – 564
Exhibit 30 – IPIB Complaint – City of Fort Dodge IA – 566
Exhibit 31 – IPIB Complaint – City of Iowa Falls IA – 572
Exhibit 32 – IPIB Complaint – City of Jefferson IA – 573
Exhibit 33 – IPIB Complaint – City of Le Mars IA – 575
Exhibit 34 – IPIB Complaint- City of Osceola IA – 580
Exhibit 35 – IPIB Complaint – City of Sergeant Bluff IA – 585
Exhibit 36 – IPIB Complaint – City of Sioux Center IA – 586
Exhibit 37 – IPIB Complaint – City of Tiffin IA – 588
Exhibit 38 – IPIB Complaint – Central Lyon Comm School District – 592
Exhibit 39 – IPIB Complaint – Columbus Comm School District – 593
Exhibit 40 – IPIB Complaint – Dubuque Comm School District – 595
Exhibit 41 – IPIB Complaint – Linn-Mar Comm School District – 597
Exhibit 42 – IPIB Complaint – Indian Hills Community College – 602

Additional Reading

https://cipherphoenix-phoenix-u10113.vm.elestio.app/2023/12/06/lions-tigers-vexatious-records-requesters-oh-my/
https://cipherphoenix-phoenix-u10113.vm.elestio.app/2023/11/21/the-final-deployment-the-race-between-good-and-evil/
https://cipherphoenix-phoenix-u10113.vm.elestio.app/2023/10/07/the-form-of-the-iowa-class-veteran/
https://cipherphoenix-phoenix-u10113.vm.elestio.app/2023/09/29/phoenixid-4348-cm-p2-2023-1-2023-09-29t044309-000z/

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