Date:
10/19/2017
Subject:
Kevin Kilgore/Ringgold County - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kevin Kilgore, Complainant And Concerning: Ringgold County, Respondent |
Case Number: 17FC:0065
DISMISSAL ORDER
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On September 18, 2017, Kevin Kilgore filed a formal complaint against Ringgold County and the Board of Supervisors (County). He complained that the County violated Iowa Code sections 21.3 and 22.3 by failing to prepare proper minutes and by failing to provide a public record.
He alleged that the minutes of August 7, August 11, and August 14, 2017, were inadequate. Iowa Code section 21.3 requires that the minutes of every meeting shall show the “date, time and place, the members present, and the action taken at each meeting.” the minutes of these meetings complied with this requirement.
He also alleged that a public records request was made on August 22, 2017. He reported that the Auditor responded that day and informed him that she did not have the records requested. He was referred to the probable custodian.
Mr. Kilgore filed two addendums to this complaint. Neither one provided any evidence of a violation of Iowa Code chapter 21 or 22.
Mr. Kilgore does not cite any evidence of a violation of Iowa Code section 21.3 (meetings of governmental bodies) or of Iowa Code section 22.3 (public record review and fees).
The addendums that were filed did not allege a chapter 21 or chapter 22 issue.
Mr. Kilgore also requests actions that exceed the authority of the IPIB as outlined in Iowa Code section 23.1. Therefore, the complaint is legally insufficient and beyond the jurisdiction of 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:0065 is dismissed as legally insufficient and beyond the jurisdiction of 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 October 19, 2017. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
Dated this _____ day of _______, 2017.
Cc: Kevin Kilgore
Clint Spurrier, Ringgold County Attorney