Date:
05/18/2017
Subject:
Kevin Kilgore / Ringgold County - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Kevin Kilgore, Complainant And Concerning: Ringgold County, Respondent |
PRELIMINARY ORDER |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB), and enters this Preliminary Order for Dismissal:
On March 14, 2017, Kevin Kilgore filed a formal complaint against the Ringgold County Board of Supervisors and Auditor (County). He complained that the County violated Iowa Code sections 21.3 and 22.3 by failing to provide public records requested on January 13, 2017 (two requests), on February 16, 2017 (four requests), and on March 6, 2017 (one request). He further complained that the records he received in response to these requests “give a clear impression of local government activity unhindered by compliance with the statutes, including the Auditor answering the mail for the Board of Supervisors without any indication that the Supervisors have even seen the correspondence, much less agree with the response.”
As an attachment, he provided documentation that on February 24, 2017, he received copies of all documents in existence that met his record request. He requested that the IPIB “do nothing at this time except assign a complaint number to facilitate tracking.”
On March 15, 2017, the Ringgold County Attorney responded to the complaint, indicating that of the seven record requests, the complainant was provided with copies of public records on four requests (the February 16, 2017, requests). As to the January 13, 2017, requests, one requested certain records from the County Conservation Board. Complainant was referred to the secretary of the Conservation Board for copies of its records.
The other January request was for minutes of the County Compensation Board’s December 21, 2016, meeting, plus copies of any materials reviewed at that meeting. He was informed that the Auditor did not have any records responsive to his request.
The March record request asked for copies of “the written documentation which directs those approvals prior to budget approval AND directs those approvals as separate events from budget approval….” He was advised that no such documentation exists.
In addition to the initial complaint, Mr. Kilgore filed numerous addendums, as follows:
Addendum #1 -- The failure to have documents responsive to his complaint is of itself a violation of Chapter 22. (Filed March 20, 2017)
Addendum #1A -- The County should be ordered to create documents responsive to his record requests. (Filed March 30, 2017)
Addendum #1B -- The County should be ordered to immediately fulfill his record requests in person. (Filed April 21, 2017)
Addendum #2 -- Mr. Kilgore requests that the IPIB revive 16FC:0086, dismissed on October 20, 2016, and expand it to include additional parties. (Filed March 21, 2017)
Addendum #2A -- He states that the County Landfill is required to have a budget pursuant to Iowa Code section 24.2 and 24.17. On April 3, 2017, he notified the Iowa State Auditor of this violation. (Filed April 4, 2017)
Addendum #3 -- Mr. Kilgore lists allegations of violation of Iowa Code chapter 24 (Local Budgets), in particular how the Compensation Board sets county employee and officer compensation. (Filed March 22, 2017)
Addendum #3A -- Mr. Kilgore states the State Auditor is violating Iowa Code section 24.23 with its audit process. (Filed April 3, 2017)
Addendum #4 -- Mr. Kilgore indicated he wanted to amend the original complaint to include the Conservation Board regarding the budget of the county Nature Center and the reappointment of a Board member. He disputes the accuracy of a media report that states that “no tax dollars” went toward the Nature Center. (Filed March 30, 2017)
Addendum #5 -- Mr. Kilgore includes multiple allegations of violations: (a) the Ringgold County Supervisors engaged in data manipulation when incorrectly approving a County/DOT budget; (b) IDOT, Department of Management, and the State Appeal Board are violating Chapter 24 by failing to “author” guidance on Chapter 24 compliance and/or provide oversight; (c) The State Auditor did not properly respond to his April 3, 2017, letter concerning the County/IDOT secondary roads budget. (Filed April 5, 2017)
Addendum #6 -- Mr. Kilgore alleges that the IPIB failed to review a complaint he filed on May 16, 2016, which was an expansion of 15FC:0046. He also notes that he received a copy of the secondary roads budget extension. He states that Addendum #5 can be withdrawn. This Addendum also lists various county officials and employees he alleges are not correctly doing their jobs. (Filed April 6, 2017)
Mr. Kilgore does not cite any evidence of a violation of Iowa Code section 21.3 (Meetings of governmental bodies).
Mr. Kilgore is requesting actions that exceed the authority of the IPIB, such as Iowa Code chapter 24 and requiring a government body to create a public record responsive to his needs. Therefore, the complaint, as well as the addendums, are legally insufficient, beyond the jurisdiction of the IPIB, without merit, frivolous, or relate to a specific incident that has previously been finally disposed of on its merits by the IPIB.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 17FC:0020 is dismissed as legally insufficient, beyond the jurisdiction of the IPIB, without merit, frivolous, or relate to a specific incident that has previously been finally disposed of on its merits by the IPIB pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Preliminary Order on May 18, 2017, and make its final decision. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its final decision.
By the IPIB Interim Executive Director
_________________________________
Margaret E. Johnson
Dated this _____ day of _______, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of ______, 2017, to:
IPIB
Kevin Kilgore
Clint Spurrier, Ringgold County Attorney