17FC:0067 Kevin Kilgore/Ringgold County - Dismissal Order

Topics:

Formal Complaints

Date:
10/19/2017

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

  

                     Case Number: 17FC:0067

                                   

                         DISMISSAL ORDER

             

 

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:


On September 22, 2017, Kevin Kilgore filed a formal complaint against the Ringgold County and the  Board of Supervisors (County).  He complained that the County violated Iowa Code sections 21.1, 21.3, and 22.3 by continuing with a road project without a written plan documenting costs.  He also alleged that the project is not properly reflected in the County budget.

Mr. Kilgore does not cite any evidence of a violation of Iowa Code section 21.1 (intent and policy of open meetings laws), 21.3 (meetings of governmental bodies), or of Iowa Code section 22.3 (public record review and fees).


Addendums were also filed that did not allege a chapter 21 or chapter 22 issue.

Mr. Kilgore is requesting 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:0067 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 β€œdelegate 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

_________________________________

Margaret E. Johnson


Dated this _____ day of _______, 2017.

 

Cc:  Kevin Kilgore    

       Clint Spurrier, Ringgold County Attorney