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:0011 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 26, 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 by violating Iowa Code section 331.426 and “exceeding the General Basic levy cap for FY17 and FY18….”
He does not cite a violation date within the last 60 days, as required by Iowa Code section 23.(1). In answer to the complaint form question “What would you like the board to do?”, he states: “Nothing at this time except assign a complaint number.”
Mr. Kilgore filed an addendum on February 2, 2018, that did not provide any relevant information.
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.
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:0011 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).
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