Date:
08/16/2018
Subject:
Jonathan Miner/Iowa Public Information Board - Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jonathan Miner, Complainant And Concerning: Iowa Public Information Board, Respondent |
Case Number: 18FC:0060 Order |
This matter comes before the Iowa Public Information Board (IPIB) this 16th day of August, 2018, to consider a formal complaint filed by Jonathan Miner on July 18, 2018.
The complaint alleges that on July 18, 2018, the Iowa Public Information Board violated Iowa Code chapter 22 by creating “a method of censorship” by denying “access to public records by allowing excessive fees to be claimed” and by denying “the public’s right to inspect records in person.”
Additionally, the complaint claims that the “board members have ex parte communications with custodian of records without public knowledge to discuss what they should do with the records request.”
The complaint also alleged that the IPIB “has refused access to open records and allows non state, county, and city accounting requirements to be circumvented in denying the release of records.”
The IPIB finds that it would be improper and unethical for the IPIB to proceed further with a formal complaint filed against the IPIB.
IT IS THEREFORE ORDERED:
The Iowa Public Information Board declines jurisdiction over formal complaint 18FC:0060 due to the perception that an ethical issue, that is, a conflict of interest, could exist. This decision is not based upon the merits of this complaint. Therefore, the complainant is entitled to exercise his right to file directly in district court pursuant to Iowa Code sections 17A.19, 21.6, and 23.5.
So ordered this 16th day of August, 2018.
_____________________________________
IPIB Chair
cc:
IPIB
Jonathan Miner