18FC:0007 Kevin Kilgore/Ringgold County - Dismissal Order

Date:
02/15/2018

Subject:
Kevin Kilgore/Ringgold County - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On January 12, 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 some unspecified date by allowing the Conservation Board undertake certain actions with County property.  

Addendum 1, filed January 22, 2018, references an employment contract dated October 11, 2017, entered into by the Conservation Board to hire an employee.  Addendum 2, filed January 23, 2018, questions what is termed as “a putative overreach of authority by the (Conservation) Executive Director and a DNR employee.”   

He also listed various other sections of the Iowa Code and alleged violations of those sections.  He referenced complaints filed in past that have been dismissed as grounds for this complaint.

As he has stated in 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:0007 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 12, 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

________________________________

Margaret E. Johnson

Dated this _____ day of _______, 2018.

Cc:  Kevin Kilgore    

       Clint Spurrier, Ringgold County Attorney