The Department of Public Safety and Burlington Police Department want the Iowa Public Information Board to overturn the judge's decision on their motion to dismiss the Steele case.

Attorneys representing law enforcement agencies in their quest to keep private certain records from the investigation into Autumn Steele's death are appealing a judge's recent decision to the Iowa Public Information Board on the grounds her ruling was "fatally flawed."

Administrative Law Judge Karen Doland ruled Dec. 5 against the Burlington Police Department and Iowa Department of Public Safety's motion for a summary judgment, seemingly paving the way for the case to move toward an evidentiary hearing.

In Jeff Peterzalek's request for interlocutory review, the attorney representing DPS (which includes the Division of Criminal Investigation), said Doland "made numerous errors of law in the order denying summary judgment."

"The Iowa Public Information Board has expressly ruled the records at issue are confidential investigation records," Peterzalek stated in the seven-page appeal.

He described the board's Aug. 17 decision as "clear and unambiguous" and said Doland's rationale for ruling against the law enforcement agencies was "fatally flawed."

The near unanimous decision granted the agencies “interlocutory relief” and bucked a June 12 ruling by Doland, arguing law enforcement agencies must release a “privilege log” to IPIB's prosecutor Mark McCormick that would identify documents they were withholding and explain why they thought the records should be kept confidential.

The board’s ruling cited past case studies of requests for privilege logs and found there was no requirement under Chapter 22 — the section of Iowa law governing public records — that would require their release.

“It is this Board’s finding that the respondents (BPD and DCI) have met their burden ... and that the records in dispute are confidential investigative reports under Iowa Code section 22.7(5), and thus not subject to disclosure. Nor are the records subject to being identified in a privilege log where such identification would essentially eliminate their statutory protection as confidential records ... ”

As a result of IPIB's decision, the law enforcement agencies filed a motion to dismiss the case, which was rejected by Doland.

In her December ruling, Doland said there was "strong legal support" for the position that law enforcement officers' investigative reports are confidential, but in this case a clear definition of "peace officers' investigative report" was not established.

The central issue in the open records case — which resulted from the fatal shooting of Burlington resident Autumn Steele by a BPD officer — is whether law enforcement officers’ investigative reports, including body camera, dash board videos and 911 calls, are exempt from public release under Iowa’s open records law.

Following Steele’s death in January 2015, The Hawk Eye and Steele family filed separate requests for copies of all public records related to the incident.

A 12-second video from the body camera worn by Hill at the time of the incident was made public, prompting the agencies to assert they complied with Iowa’s open records law. Any records deemed an “investigative report,” they claimed, could lawfully be kept confidential.

"The IPIB said what it meant and meant what it said," the appeal stated, referring to the board's August decision. "The ALJ's tortured efforts at getting around the IPIB's ruling must be reversed."

Also in the appeal, Peterzalek requested the IPIB halt all further action on the Steele case until a decision on interlocutory review is made.