17FC:0078 Kevin Kilgore/Ringgold County - Dismissal Order

Topics:

Formal Complaints

Date:
01/18/2018

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:0078

                                   

                         DISMISSAL ORDER

             

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

 

On November 6, 2017, Kevin Kilgore filed a formal complaint against Ringgold County (County).   He alleged financial malfeasance and misfeasance by the County.

 

Mr. Kilgore indicated that he requested certain public records on October 25, 2017, and had not received those records as of November 6, 2017 (eight business days).  Mr. Kilgore later informed the IPIB that he did receive the requested records on November 7, 2017.  The Auditor noted in the release that the billing records he requested were not created until after November 1, 2017, and that other records were not Auditor records.  It was suggested that he request those records from the lawful custodian of the records.

 

Mr. Kilgore requested that the IPIB conduct an audit of the County expenditures.  This is not within the jurisdiction of the IPIB.

 

Two addendums were filed by Mr. Kilgore on November 17, 2017, and on December 11, 2017.  Both referred to budget and accounting procedures and did not provide any relevant information.

 

Mr. Kilgore received the County billing records within three or four business days after the Auditor created the billing.  This does not appear to be an improper or illegal delay.

 

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:0078 is dismissed as legally insufficient and without merit 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 Order on January 18, 2018.  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 _______, 2018.

 

Cc:  Kevin Kilgore    

       Clint Spurrier, Ringgold County Attorney