State board accepts complaint against Henry Co. sheriff

DES MOINES — The Iowa Public Information Board on Thursday accepted a complaint against the Henry County Sheriff’s Office, which said Sheriff Rich McNamee violated state transparency laws when he delayed and inadequately responded to a public records request from a family in Wayland.

Curtis, Lori and Owen Wagler were arrested by Henry County Deputy Carlos Lopez in April of 2023 and charged with criminal theft, an allegation Henry County Attorney Darin Stater declined to prosecute, citing errors in the paperwork. The chain of events ultimately led to Lopez’s placement on the county’s Brady-Giglio list, a formal roster of law enforcement professionals that county attorneys deem unreliable.

The Waglers’ attorney, Danny Cornell, said last summer that the family was likely to file a lawsuit related to the incident. Cornell’s firm sent a public record request to the sheriff’s office in May, in a move some officials considered a precursor to litigation.

The records request went unfulfilled for at least 88 days — though the exact timeline is disputed — and it ended with the sheriff passing along a nine-page email attachment, even though a similar request from the Southeast Iowa Union newspaper submitted at around the same time yielded 109 pages of documents, provided a few days before any reached the Waglers. The complainants argued the sheriff’s delays and allegedly incomplete response were part of a bad-faith effort to deny them information likely needed for a lawsuit.

In its acceptance order, IPIB said the sheriff’s delay gave reasonable cause for concern.

“In this case, the Sheriff acknowledged the request eleven days after the request was submitted … However, there were apparently no further assurances from the Sheriff’s Office,” the acceptance order said. “Although IPIB acknowledges extenuating circumstances in this instance contributed to a delayed response, this delay to produce a small number of documents could be found to be unreasonable.”

The board’s order also highlighted McNamee’s differing responses to the Southeast Iowa Union and the Waglers. Cornell had argued the difference raised the possibility of other relevant records, provided to neither the newspaper nor the complainants.

The board said the list of documents provided to The Union included, “Seemingly responsive records on the Brady/Giglio issue … which the Sheriff’s Office did not initially disclose to the (Waglers).” It continued, “Upon review, IPIB may find that all required disclosures have now been made, but these facts warrant acceptance to ensure the proper standards of review are applied.”

McNamee, joined by hired attorney Peter Sand, attended the IPIB’s meeting Thursday afternoon.

Speaking to board members before the vote, the sheriff said he had no way to expedite his response, citing his dispute with Henry County Attorney Darin Stater over alleged officer misconduct related to the Waglers’ case.

He also accused the county’s top prosecutor of blocking IT staff, who would have otherwise helped fulfill the request.

“I’ve provided data that (my lawyers) recommended I provide, and Mr. Cornell does not like the answers,” McNamee said. “I feel like I’ve done my best to give everything that’s required, under their guidance.”

Members of the Iowa Public Information Board said their acceptance motion didn’t necessarily endorse any accusations of wrongdoing against McNamee.

Instead, they said the vote would put in motion a formal review of the records by IPIB, to ensure all the requested documents were provided to Cornell. Officials said they hoped to end the dispute with an informal resolution after that, providing any wrongfully withheld documents.

“The facts warrant acceptance to ensure proper standards have been applied,” Iowa Public Information Board Member E.J. Giovannetti said. “If they are, then it fortifies your position, as sheriff. So this is not an indictment, we want to take one more step to ensure it was done right … that’s the way I see it.”

Danny Cornell did not immediately reply to a request for comments. Sheriff McNamee declined to comment.

Comments: Kalen.McCain@southeastiowaunion.com