IOWA PUBLIC INFORMATION BOARD

1. Introduction

This complaint is being filed with the Iowa Public Information Board based upon evidence indicating the City of Newton, IA, violated Iowa Code Chapter 22 while contracting with Matthew Brick of Brick Gentry P.C. for legal representation.

2. Time of alleged violation: 0001 CST

3. Date of alleged violation: 14 MAR 2023 – The City of Newton, IA Attorney Matthew Brick responded to Exhibit (14.), which requested records showing the Newton Daily News, Shaw Media, Christopher Braunschweig, or Chris Braunschweig paid a fee in accordance with Iowa Code Section 22.3 for public records historical evidence in the Newton Daily News archives (2018 – Present) indicates the City of Newton, IA, released to the Newton Daily News in accordance with Iowa Code Section 22.7(5.) with: “There are no documents responsive to this request.”

4. Place of alleged violation: City of Newton, IA

5. Names of government employees/officials involved: Chief of Police Robert Burdess

6. Name of government entity involved: City of Newton, IA

7. Alleged Violation: Iowa Code Chapter 22

8. Evidence Supporting the City of Newton, IA’s Inconsistent Deployment of Iowa Code Section 22.3 and the Estimated Cost to City of Newton, IA Taxpayers: $12,425

Exhibit (1.) A request for public records evidence published in the Newton Daily News indicated the City of Newton, IA, had previously released to the Newton Daily News in accordance with Iowa Code Section 22.7(5.).

Exhibit (2.) Response from the City of Newton, IA Attorney Matthew Brick of Brick Gentry P.C., releasing a public record for $5 in response to Exhibit (1.). Exhibit (2.) shows City Attorney Matthew Brick contradicting his 10 MAR 2022 communication that “incident reports” are “investigative reports” that are confidential, as he communicated in Exhibit (3.) of the Complainant’s 24 APR 2023 complaint.

Exhibit (3.) Receipt showing a $5 payment to the City of Newton, IA, for records requested in Exhibit (1.). At the same time, Exhibit (3.) shows the City of Newton, IA, contradicting City Attorney Matthew Brick’s 10 MAR 2022 communication that “incident reports” are “investigative reports” that are confidential as he communicated in Exhibit (3.) of the Complainant’s 24 APR 2023 complaint.

Exhibit (4.) A request for public records evidence published in the Newton Daily News indicated the City of Newton, IA, had previously released to the Newton Daily News in accordance with Iowa Code Section 22.7(5.).

Exhibit (5.) A request for public records evidence published in the Newton Daily News indicated the City of Newton, IA, had previously released to the Newton Daily News in accordance with Iowa Code Section 22.7(5.).

Exhibit (6.) A request for public records evidence published in the Newton Daily News indicated the City of Newton, IA, had previously released to the Newton Daily News in accordance with Iowa Code Section 22.7(5.).

Exhibit (7.) A request for records including a “Physical copy of the oldest records receipt stored and preserved on the Newton, IA Police Department business office front desk computer shown in Enclosure (a.). Existing in the accounts receivable database that produced the receipt shown in Enclosure (b.).”

Exhibit (8.) City Attorney Matthew Brick’s response to Exhibit (4.) authorizing the release of “thirty-four (34) separate incident reports.” Exhibit (8.) shows City Attorney Matthew Brick contradicting his 10 MAR 2022 communication that “incident reports” are “investigative reports” that are confidential, as he communicated in Exhibit (3.) of the Complainant’s 24 APR 2023 complaint. Estimated Fee: $170

Exhibit (9.) A request for public records evidence published in the Newton Daily News indicated the City of Newton, IA, had previously released to the Newton Daily News in accordance with Iowa Code Section 22.7(5.).

Exhibit (10.) A request for public records evidence published in the Newton Daily News indicated the City of Newton, IA, had previously released to the Newton Daily News in accordance with Iowa Code Section 22.7(5.).

Exhibit (11.) City Attorney Brick’s response to Exhibit (7.) requesting clarification.

Exhibit (12.) Provides evidence that the fee for a City of Newton, IA receipt (Exhibit 13) documenting a financial transaction in accordance with Iowa Code Section 22.3 is $.50.

Exhibit (13.) Provides evidence of the oldest transaction receipt documenting a fee assessed by the City of Newton, IA, stored and preserved by this government body dated 19 APR 2011. This evidence indicates that if the City of Newton, IA, assessed a fee for public records released to the Newton Daily News, Shaw Media, Christopher Braunschweig, or Chris Braunschweig from 2018 – Present, these records should have been provided in response to Exhibit (14.).

Exhibit (14.) A request for records, including proof of payment from the Newton Daily News, Shaw Media, Christopher Braunschweig, or Chris Braunschweig in accordance with Iowa Code Section 22.3 for public records the City of Newton, IA, released to this local newspaper in accordance with Iowa Code Section 22.7(5.).

Exhibit (15.) Receipt showing a $160 payment to the City of Newton, IA, for records requested in Exhibit (4.). At the same time, Exhibit (15.) shows the City of Newton, IA, contradicting City Attorney Matthew Brick’s 10 MAR 2022 communication that “incident reports” are “investigative reports” that are confidential as he communicated in Exhibit (3.) of the Complainant’s 24 APR 2023 complaint.

Exhibit (16.) City Attorney Matthew Brick’s response to Exhibit (9.) and (10.) authorizing the release of “thirty-nine (39) separate incident reports.” Exhibit (16.) shows City Attorney Matthew Brick contradicting his 10 MAR 2022 communication that “incident reports” are “investigative reports” that are confidential, as he communicated in Exhibit (3.) of the Complainant’s 24 APR 2023 complaint. Estimated Fee: $195. Exhibit (16.) also responded to (Exhibit 14.) showing City Attorney Matthew Brick communicated in Paragraph (g.):

“Mar. 3rd request for records transaction receipts documenting payments received from the Newton Daily News in accordance with Iowa Code Section 22.3 from 01 JAN 2018 to the present stored and preserved on the computer shown in Enclosure (2.) located in the Newton, IA Police Department Business Office, as well as City of Newton, IA records transaction receipts documenting payments received from Shaw Media in accordance with Iowa Code Section 22.3 from 01 JAN 2018 to the present stored and preserved on the computer showing in Enclosure (2.) located in the Newton, IA Police Department Business Office. Finally, records transaction receipts documenting payments received from Christopher Braunschweig or Chris Braunschweig in accordance with Iowa Code Section 22.3 from 01 JAN 2018 to the present stored and preserved on the computer shown in Enclosure (2.) located in the Newton, IA Police Department Business Office. There are no documents responsive to this request.”

Exhibit (17.) Receipt showing a $205 payment to the City of Newton, IA, for records requested in Exhibit (5.), (6.), and (10.). At the same time, Exhibit (17.) shows the City of Newton, IA, contradicting City Attorney Matthew Brick’s 10 MAR 2022 communication that “incident reports” are “investigative reports” that are confidential as he communicated in Exhibit (3.) of the Complainant’s 24 APR 2023 complaint.

Newton Daily News – 2018 – Iowa Code Section 22.3 Fee Estimate: $3,130.00

Newton Daily News – 2019 – Iowa Code Section 22.3 Fee Estimate: $4,140.00

Newton Daily News – 2020 – Iowa Code Section 22.3 Fee Estimate: $3,120.00

Newton Daily News – 2022 – Iowa Code Section 22.3 Fee Estimate: $350.00

Newton Daily News – 2023 – Iowa Code Section 22.3 Fee Estimate: $25.00

Note:  Estimated historical fee calculations in accordance with Iowa Code Section 22.3; the City of Newton, IA, should have receipt records documenting transactions with the Newton Daily News is calculated at $10 before 01 JUL 2022 and $5 after 01 July 2022 per guidance provided by the City of Newton, IA Attorney Matthew Brick in Exhibit (18.).

9. What would you like the board to do?

The Complainant is requesting the Iowa Public Information Board to assist the Complainant with receiving a refund for the amounts shown in Exhibit (3.), (15.), (17.). Exhibit (3.) (15.), (17.) document a fee the City of Newton, IA, assessed for the release of public records that historical evidence indicates were released to the Newton Daily News at no cost. At the same time, the City of Newton, IA, has communicated in Paragraph (g.) of Exhibit (16.) it has no records stored and preserved in the City of Newton, IA Police Department’s accounts receivable receipt database located in the Newton, IA Police Department business office, showing a fee was collected for these records from Shaw Media, Newton Daily News, Christopher Braunschweig, or Chris Braunschweig in accordance with Iowa Code Section 22.3.

The Complainant requests the Iowa Public Information Board to assist the City of Newton, IA, with releasing the requested records in Exhibits (9.) evidence indicates it provided to the Newton Daily News at no cost.

The Complainant requests the Iowa Public Information Board to assist the City of Newton, IA, with promulgating local policy that ensures consistent fees and access to records are provided to every citizen, organization, or body upon confirmation of the evidence provided in this complaint.

Section 6 of Article 1 of the Constitution of the State of Iowa articulates, “Laws uniform. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.” Section 6 of Article 1 of the Constitution of the State of Iowa indicates that the City of Newton, IA has a responsibility to adhere to and implement policy in accordance with Iowa Code Section 22.3 in a uniform manner during all interactions with every citizen, organization, or body during the release of records and the assessment of fees in accordance with Iowa Code Section 22.3.

Section 6 of Article 1 of the Constitution of the State of Iowa indicates that the City of Newton, IA, does not have the ability or legal right to execute prejudice or establish preference relating to the assessment of fees in accordance with Iowa Code Section 22.3. At the same time, Section 6 of Article 1 indicates that the City of Newton, IA, did not have the ability or legal right to provide benefit to any citizen, organization, or body that the release of records provided benefit or a sum mutually beneficial between this government body and another citizen, organization, or body it releases public records to.

Exhibits

(1.) Iowa Open Records Request – City of Newton, IA – #023 – 23 JAN 2023
(2.) Memorandum – Matthew Brick – Brick Gentry P.C. – 26 JAN 2023
(3.) NPD – Receipt – 21,670 – 26 JAN 2023 – $5.00
(4.) Iowa Open Records Request – City of Newton, IA #025 – Elimination of the Fog of War – #01 – 26 JAN 2023
(5.) Iowa Open Records Request – City of Newton, IA #026 – Elimination of the Fog of War – #02 – 28 JAN 2023
(6.) Iowa Open Records Request – City of Newton, IA #027 – Elimination of the Fog of War – #03 – 30 JAN 2023
(7.) Iowa Open Records Request – City of Newton, IA – #028 – 03 FEB 2023
(8.) Memorandum – Matthew Brick – Brick Gentry P.C. – 09 FEB 2023
(9.) Iowa Open Records Request – City of Newton, IA #030 – Elimination of the Fog of War – #05 – 14 FEB 2023
(10.) Iowa Open Records Request – City of Newton, IA #031 – The Form of Atari – #01 – 16 FEB 2023
(11.) Memorandum – Matthew Brick – Brick Gentry P.C. – 17 FEB 2023
(12.) NPD – Receipt – 21,718 – 28 FEB 2023 – $.50
(13.) NPD – Receipt – 16,364 – 19 APR 2011
(14.) Iowa Open Records Request – City of Newton, IA – #035 – Elimination of the Fog of War – #08 – 03 MAR 2023
(15.) NPD – Receipt – 21,729 – 13 MAR 2023 – $160.00

Iowa Code Section 708.7 Arrest public records received from NPD – Receipt – 21,729 – 13 MAR 2023 – $160.00 evidence shows were also published on the Newton Daily News

(16.) Memorandum – Matthew Brick – Brick Gentry P.C. – 14 MAR 2023
(17.) NPD – Receipt – 21,756 – 05 APR 2023 – $205.00
(18.) Electronic Mail – Matthew Brick – Brick Gentry P.C. – 12 OCT 2022

Iowa Code Section 664A.7 Arrest public records received from NPD – Receipt – 21,756 – 05 APR 2023 – $205.00 evidence shows were also published on the Newton Daily News

Iowa Code Chapter 714/235B Arrest public records received from NPD – Receipt – 21,756 – 05 APR 2023 – $205.00 evidence shows were also published on the Newton Daily News

Public Record related to Lambertus 2019 arrest received from NPD – Receipt – 21,756 – 05 APR 2023 – $205.00 evidence shows were also published on the Newton Daily News