Iowa Department of Public Safety Commissioner Bayens:
I respectfully request a point of contact and physical address to serve the Iowa Department of Public Safety court documents regarding the evidence of your department’s failure to appropriately respond to a public records request in accordance with Iowa Code Chapter 22. The 12 JAN 2024 request requested electronic mail records between your department and the Iowa Public Information Board. At the same time, public records provided by the Iowa Public Information Board indicate the Iowa Public Information Board contacted the Iowa Department of Public Safety regarding service-connected mental health disabilities (See: Iowa Code Chapter 216). At the same time, this alleged public information board was drafting proposed legislation that would have provided it the authority to restrict citizen’s access to public accommodations for up to one year while violating the citizens of Iowa’s rights to due process protected by the 5th Amendment to our nation’s Constitution and Sections 9 and 10 of Article 1 of the Constitution of the State of Iowa (See: Iowa Public Information Board Proposed Iowa Code Section 23.8A Vexatious requester petition).
Iowa Code Section 708.7(1.)(a.)(4.) states the following:
“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.”
Iowa Code Title XVI – CRIMINAL LAW AND PROCEDURE – Iowa Code Chapter 708 ASSAULT – Iowa Code Section 708.7 Harassment
Iowa Code Section 718.6 states the following:
“1. A person who reports or causes to be reported false information to a fire department, a law enforcement authority, or other public safety entity, knowing that the information is false, or who reports the alleged occurrence of a criminal act knowing the act did not occur, commits a simple misdemeanor, unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor.
2. A person who telephones an emergency 911 communications center knowing that the person is not reporting an emergency or otherwise needing emergency information or assistance commits a simple misdemeanor.
3. A person who knowingly provides false information to a law enforcement officer who enters the information on a citation commits a simple misdemeanor, unless the criminal act for which the citation is issued is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor. [R60, §1768; C73, §1566; C97, §2468; S13, §2468; C24, 27, 31, 35, 39, §13110, 13111; C46, 50, 54, 58, 62, 66, §714.31, 714.32; C71, 73, 75, 77, §714.31, 714.32, 714.42; C79, 81, §718.6] 95 Acts, ch 89, §1 Referred to in §34A.16, 80F.1″
Iowa Code Title XVI – CRIMINAL LAW AND PROCEDURE – Iowa Code Chapter 718 – OFFENSES AGAINST THE GOVERNMENT – Iowa Code Section 718.6 False reports to or communications with public safety entities.
Iowa Code Chapter 80 articulates the Iowa Legislature’s policy and procedure for the Iowa Department of Public Safety. At the same time, Iowa Code Section 80.2 articulates the procedure for the appointment of the Commissioner of the Iowa Department of Public Safety, which states:
“80.2 Commissioner — appointment. The chief executive officer of the department of public safety is the commissioner of public safety. The governor shall appoint, subject to confirmation by the senate, a commissioner of public safety, who shall be a person of high moral character, of good standing in the community in which the commissioner lives, of recognized executive and administrative capacity, and who shall not be selected on the basis of political affiliation. The commissioner of public safety shall devote full time to the duties of this office; the commissioner shall not engage in any other trade, business, or profession, nor engage in any partisan or political activity. The commissioner shall serve at the pleasure of the governor. [C39, §1225.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §80.2] 88 Acts, ch 1278, §22; 2023 Acts, ch 19, §2797, 2802 Confirmation, see §2.32 Section amended”
Iowa Code Title III – PUBLIC SERVICES AND REGULATION – Iowa Code Chapter 80 DEPARTMENT OF PUBLIC SAFETY – Iowa Code Section 80.2 Commissioner Appointed
Iowa Code Chapter 23 articulates the Iowa Legislature’s policy and procedure for the Iowa Public Information Board. At the same time, Iowa Code Section 23.3 articulates the appointment process for the members of the Iowa Public Information Board and its Executive Director, which states:
“23.3 Board appointed—executive director.
1. An Iowa public information board is created consisting of nine members appointed by the governor, subject to confirmation by the senate. No more than three members appointed shall be representatives from the media including newspapers and no more than three members appointed shall be representatives of cities, counties, and other political subdivisions of the state.”
2. Appointments to the board shall be subject to sections 69.16 and 69.16A.
3. Members appointed to the board shall serve staggered four-year terms beginning and ending as provided in section 69.19.
4. A quorum of the board shall consist of five members.
5. A vacancy on the board shall be filled by the governor, as provided in subsection 1.
6. The board shall select one of its members to serve as chairperson and shall employ a person who shall be an attorney admitted to practice law before the courts of this state to serve as the executive director of the board.
7. The board shall meet at least quarterly and at the call of the chairperson.
8. The board shall be an independent agency.
2012 Acts, ch 1115 , §6, 17 Referred to in §23.2 Confirmation, see §2.32″
Iowa Code Title I – STATE SOVEREIGNTY AND MANAGEMENT – Iowa Code Chapter 23 PUBLIC ACCESS TO GOVERNMENT INFORMATION (IOWA PUBLIC INFORMATION BOARD ACT) – Iowa Code Section 23.3 Board appointed—executive director.
The below reference provides evidence of Iowa Governor Kim Reynold’s historical posture regarding public records requests/responses;
Katarina Sostaric. “Reynolds Settles Three Lawsuits Accusing Her of Violating Iowa’s Public Records Law.” Iowa Public Radio, Iowa Public Radio, 21 June 2023, www.iowapublicradio.org/state-government-news/2023-06-21/reynolds-settles-three-lawsuits-accusing-her-of-violating-iowas-public-records-law. Accessed 9 July 2024.
Commissioner Bayens, I intend to subpoena your entire executive staff and public records staff in court to publicly investigate and collect answers to why your department and most other state, county, municipal, and educational government bodies failed to respond appropriately to the included public records request. I am requesting the following in accordance with Iowa Code Chapter 22:
- The Iowa Department of Public Safety organization chart including the names of your executive-level team and those you have appointed to handle public records requests.
- The names of the civilian and Iowa State Trooper personnel shown in the chest cam videos that were attached to my previous email dated 08 JUL 2024.
- The appointment letter for the current Commissioner of the Iowa Department of Public Safety signed by Governor Kim Reynolds (or the Iowa Governor’s staff), and any appointment letters signed by any member(s) of the Iowa Senate or House of Representatives.
I will complete further research and request legal counsel over the next few months before bringing this case to the Iowa Court as a pro se party. I also request information regarding which state and federal jurisdictions you are licensed to practice law. The final question that I have, Commissioner Bayens, is regarding the evidence that shows your historical disregard for my requests for evidence/public records in accordance with Iowa Code Chapter 22.
Did you also deny third/opposing parties access to requested evidence/records they had a right to while you served as the Assistant U.S. Attorney for the Southern District of Iowa?
The importance of this case and the overall situation is that I believe humanity executes a different form of conduct while it believes it is concealed in darkness or in the presence of a party it believes cannot defend or protect itself. Unfortunately, I believe you are dealing with an honorably retired US Navy Veteran with wild hair who, I must emphasize, has historically outperformed over 93.12 percent of his colleagues while wearing his pajamas.
The Form of The United States Freedom of Information Joint Forces Command
The Spirit of General George S. Patton: “Now, there is another thing I want you to remember. I don’t want to get any messages saying that we are holding our position. We are not holding anything let the unethical within the Iowa Department of Public Safety do that. We are advancing constantly, and we are not interested in holding onto anything except the agents of tyranny. We are going to hold them by the nose, and we are going to kick them in the ass in the Iowa Court. We are going to kick the hell out of them all the time, and we are going to go through them like crap through Iowa livestock.
Now, there is one thing that you men and women will be able to say when you get back home, and you may thank God for it. Thirty years from now, when you’re sitting around your fireside with your grandson on your knee, and he asks you, “What did you do during the moments after September 11, 2001, and during the moments our great nation fell into constitutional crisis?” You won’t have to say, “Well, I shoveled pig shit in the executive offices of the Iowa Department of Public Safety.
Alright, now you sons a bitches, you know how I feel. I will be proud to lead you wonderful men and women into battle anytime, anywhere. That’s all.”
The Conquest of the Adversary in the Darkness of the Abyss
To seek and destroy the enemies of freedom and democracy around the world, we must manifest the honor, courage, and commitment to dive deep beneath the waves into the darkness of the abyss where evil stores and preserves its secrets.
Respectfully,
Michael J. Merritt, USN Retired/Writer
Founder: phoenixharbor.net
Creative Writer/Musician
Information Warfare Specialist
Information Systems Manager
cipher.hunter@phoenixharbor.net
The Form of the Iowa Court
A licensee’s licensed actions and conduct provide evidence for the form of the licensor.
“Bricks made with testimony lacking evidence are equivalent to bricks made with straw without clay.”
“Lies and misrepresentations pay for the Iowa Legislature’s bills in Erika’s mErika.”
“The evidence supporting Nichol’s Sin produces the question of how many innocent are locked up in the State pen. If the evidence indicates an Iowa County Attorney has zero honor, issue them a pair of pajamas and put them to work at the State’s license plate spawner.”
Cipher Hunter
