Date:
05/18/2017
Subject:
Rickie Cox / Black Hawk County Veterans Affairs - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Rickie Lynn Cox, Complainant And Concerning: Black Hawk County Veterans Affairs, Respondents |
Case Number: 17FC:0028 DISMISSAL ORDER
|
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB) and enters this Dismissal Order.
On April 3, 2017, Rickie Lynn Cox filed a formal complaint with the IPIB. He alleges that the Black Hawk County Veterans Office (Veterans) is violating Iowa Code chapter 21 by failing to “publish meetings”. Mr. Cox stated that it was his understanding that the Veterans must publish notices, agendas, and minutes in local newspapers.
When informed that Iowa Code chapter 21 does not require any governmental body to publish notices, agendas, or minutes, he stated that in the past they had put the information in the local paper.
Chapter 21 does not require advance publication of notice and agendas. Section 21.4 outlines the required notice, which includes posting the notice at the principal office of the body holding the meeting and advising the news media who have filed a request for such notice. Pursuant to Iowa Code section 21.3, minutes are public records, subject to release upon request. However, Chapter 21 does not mandate that a governmental body must publish those minutes.
Some governmental bodies are required to publish minutes, and some meeting notices may have to be published by law. However, those requirements are included in other sections of the Code. The IPIB only has jurisdiction to investigate violations of Iowa Code chapters 21 and 22.
The Veterans responded to the complaint, noting that notice and agendas are properly posted and that minutes are available upon request. Mr. Cox does not dispute this. He also stated that he does not regularly check his email and less frequently checks his postal mail.
IT IS SO ORDERED: Formal complaint 17FC:0014 is dismissed as legally insufficient 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 Order on May 18, 2017, and make a final decision. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of the final decision.
By the IPIB Interim Executive Director
_________________________________
Margaret E. Johnson
Dated this 9th day of May, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the 9th day of May, 2017, to:
IPIB
Rickie Lynn Cox
Kevin Dill