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HomeMy WebLinkAbout01-29-1998 Communication Memorandum To: P~lice Citizens Review Board From: Douglas S. Russell [)ate: January 26, 1998 Re: Taping of Telephone Conversations It is not a violation of law Ior the staff of the Police Citizens Review Board to tape its telephone calls. Gection '727.8 o! the Iowa Code provides, "Any i)(~rson, having no right or autl~ority to do so, who taps into or connccls a listening or recording device to any telephone or other COmmunication wire, or who by any electronic or mechanical means listens to, ~ocords, or otherwise intercepts a conversation or communication of any kind, commils a serious misdemeanor; PROVIDED, THAT THE SENDER OR RI~CIPIENT OF A MESSAGE OR ONE WHO IS OPENLY PRESENT AND PARTICIPATING IN OR LISTENING TO A COMMLINICATION SHALL NOT BE PI~OI-IIBI'f'ED HEREBY FROM RECORDING SUCH MESSAGE OR COMMUNICA-~'ION; and further provided, that nothing herein shall restrict the use 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 tide con.';entof the other party. Persons "openly present and participating in or lisLening 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. January 15, 1998 CITY OF IOWA CITY Douglas S. Russell (~~V Attorney at Law 221~ E. Washington St. Iowa City, IA 52240 Re: PCRB Dear Doug: 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, Eleanor M. Dilkes City Attorney cc: Marian Karr, City Clerk Sarah Holecek, First Assistant City Attorney