Date:
02/15/2018
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: 18FC:0004 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 8, 2018 Kevin Kilgore filed a formal complaint against Ringgold County (County). He alleged that Ringgold County (County) violated Iowa Code sections 21.3 and 22.3 during a Compensation Board meeting on December 13, 2017.
Mr. Kilgore attended the December 13, 2017, meeting. He stated he requested a copy of the agenda and of the 2016 minutes during the meeting. He alleged that he did not receive those documents at that time. He also claimed that the meeting was “disjointed.” He added that the actions of the Compensation Board violated various other Iowa Code sections (331.904(2), 384.15(7), 331.905, 331.907(2), 35C.1, 35C.3). 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.
The Auditor responded that she was unaware that Mr. Kilgore made a public records request. She readily provided copies of the records Mr. Kilgore claims he requested, which were in turn provided to Mr. Kilgore. In the past, Mr. Kilgore has been able to provide copies of his record requests. He stated that this request was an oral request during the meeting.
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.
Mr. Kilgore filed three addendums which did not provide information relevant to Iowa Code chapters 21 and 22.
There is insufficient evidence to determine whether a records request was made and wrongfully refused on December 13, 2017. At most, any violation is harmless error, and subject to dismissal pursuant to Iowa Code section 23.8(2).
Mr. Kilgore also 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:0004 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 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