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