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:0062 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 25, 2018.
The complaint alleges that on July 25, 2018, the Iowa Public Information Board violated Iowa Code chapter 22 by “attempting to extort funds to determine ‘if’ a record was confidential.”
Additionally, the complaint claims that the IPIB violated language in Iowa Code chapter 22 that “provides that the actual cost of providing the service may be charged.” Mr. Miner requests a ruling from an “independent party.”
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:0062 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