Related Topics:

Formal Complaints


Kevin Kilgore/Ringgold County - Dismissal Order


The Iowa Public Information Board

In re the Matter of:

Kevin Kilgore, Complainant

And Concerning:

Ringgold County, Respondent


                     Case Number: 17FC:0090


                         DISMISSAL ORDER



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


On December 4, 2017, Kevin Kilgore filed a formal complaint against Ringgold County (County).  He alleged that actions taken by the County with a street/road project violated Iowa Code.  He named various sections of Iowa Code outside of chapter 21 and 22.  He alleged that violating these Code sections is also a violation of Iowa Code sections 21.3 and 22.3 if a decision is made at an open meeting or is memorialized in a record.


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.


Mr. Kilgore filed an addendum which did not provide information relevant to Iowa Code chapters 21 and 22.


Mr. Kilgore also requested that the IPIB file this complaint with 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:0090 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