Date:
01/18/2018
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:0087
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 November 30, 2017, Kevin Kilgore filed a formal complaint against Ringgold County (County). He alleged violations of Iowa Code sections 331.302, 331.302(6), 331.302(8), 331.301, 428.1, 428.4, 331.756, 331.902, and 331.478. He alleged that violating these Code sections is also a violation of Iowa Code sections 21.3 and 22.3 because the decisions were made at an open meeting and are memorialized in records.
Chapter 23 of the Iowa Code limits IPIB jurisdiction to review of chapters 21 (open meetings) and 22 (public records). There is no jurisdiction over the code sections Mr. Kilgore claims to have been violated. There is no ability to establish IPIB jurisdiction by randomly citing sections of chapter 21 or 22.
In addition, Mr. Kilgore filed four addendums (December 1, 2017, December 4, 2017, and two on December 13, 2017). None of the addendums provided information relevant to Iowa Code chapters 21 and 22.
Mr. Kilgore also requested that the IPIB “pass the complaint” to the Polk County District Court. The IPIB has no authority or mandate to file a district court action on his behalf.
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:0087 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 “delegate 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
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Margaret E. Johnson
Dated this _____ day of _______, 2018.
Cc: Kevin Kilgore
Clint Spurrier, Ringgold County Attorney