HomeMy WebLinkAbout01-29-1998 CommunicationMemorandum
To: Police Citizens Review Board
From: Douglas S. Russell
Date: January 26, 1998
Fie: Taping of Telephone Conversations
It is not a violation of law for the staff of the Police Citizens Review Board to tape
its telephone calls.
Section 127.8 of the Iowa Code provides,
"Any person, having no right or authority to do so, who taps into or
connucls a listening or recording device to any telephone or other
coraununicaLion wire, or who by any electronic or mechanical means listens
to, recorcls, or otherwise intercepts a conversation or communication of any
kind, commils a serious misdemeanor; PROVIDED, THAT THE SENDER OR
RI;CII'IENT OF A MESSAGE OR ONE WHO IS OPENLY PRESENT AND
PARTICIPATING IN OR LISTENING TO A COMMUNICATION SHALL NOT BE
P1101-11BITED HEREBY FROM RECORDING SUCH MESSAGE OR
COMMUNICATION; and further provided, that nothing herein shall restrict
the usu of any radio or television receiver to receive any communication
transmitted by radio or wireless signal." (Emphasis added)
There is only one decision of the Iowa Supreme Court concerning this statute,
State v. Reid, 394 NW 2d. 399, 405 (Iowa 1986). The Reid decision states:
"Persons thus exempted may legally record their conversations; under the
exemption consent of all conversing parties is not required. Nor is a court order
necessary before one conversing party may legally record it."
This means that a participant in a telephone conversation may tape record it
Without tlae consent of the other party. Persons "openly present and participating
in or listening to" a phone call are also exempted from the statute.
There is no bar to the Police Citizens Review Board staff recording telephone
conversations in which the staff person is a participant. Notice to the other party
and the consent of the other party are not required but may be given and
requested.
CA, ws,A. Y"!" Io I w1b. 126
January 15, 1998
Douglas S. Russell
Attorney at Law
221 Y2E. Washington St.
Iowa City, IA 52240
Re: PCRB
Dear Doug:
COPY
CITY OF IOWA CITY
Enclosed you will find an article from the Hennepin Lawyer entitled "Private Data in the Civilian
Review". The article discusses the interplay between the Minneapolis Civilian Police Review
Authority and the State's public records act which preserves the confidentiality of private
personnel data. The article was apparently written in response to criticism that many of the
proceedings of the review board are confidential and explains the reasons for the confidentiality
of the process. Although there are clearly some statutory differences between Iowa and
Minnesota, I thought you might find this article helpful.
Very truly yours,
ouz�
Eleanor M. Dilkes
City Attorney
cc: Marian Karr, City Clerk
Sarah Holecek, First Assistant City Attorney
eleanoNtAdr1-15.doc
410 CAST WASHINGTON STREET • IOWA CITY. IOWA $2240.1826 0 1316) 136•3000 • FAX (316) 356•5009