Date:
02/15/2018
Subject:
Kevin Kilgore/RinggoldCounty - 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: 18FC:0001 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 January 2, 2018 Kevin Kilgore filed a formal complaint against Ringgold County (County). He alleged that the County violated Iowa Code sections 21.1, 21.3, and 22.3 at various meetings in October, November, and December 2017. He provided copies of various news reports in the Mount Ayr Record-News as evidence of violations.
He also listed various other sections of the Iowa Code and alleged violations of those sections. He referenced complaints filed in 2017 that have been dismissed as grounds for this complaint.
As addendums, he filed a copy of an editorial cartoon from the January 3, 2018, edition of the Mount Ayr Record-News and various notices from the same newspaper. As he has stated in all his previous dismissed complaints, he alleged that violating any Iowa law 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 IPIB jurisdiction over the other matters disputed by Mr. Kilgore. There is no ability to establish IPIB jurisdiction by randomly citing sections of chapter 21 or 22.
The addendums do not provide information relevant to Iowa Code chapters 21 and 22.
Mr. Kilgore again requested that the IPIB “pass” this 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 18FC:0001 is dismissed as legally insufficient, without merit, and frivolous pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). Anything concerning events prior to November 2, 2017, is also beyond the jurisdiction of the IPIB.
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 February 15, 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