Date:
10/18/2018
Subject:
Jonathan Miner/Black Hawk Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jonathan Miner, Complainant And Concerning: Black Hawk County Board of Supervisors, Respondent |
Case Number: 18FC:0087
Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Dismiss.
Jonathan Miner filed complaint 18FC:0087 with the IPIB on Saturday, September 29, 2018, at 3:32 a.m. He alleged that the Black Hawk County Board of Supervisors (Board) violated Iowa Code chapter 22 by denying his request for “a copy of the County Insurance Provider and policy number for General Liability and Personal Liability of the County Courthouse Building, a copy of the Insurance Provider and Policy number showing the county as additional insured for the courthouse security staff,” and a copy of the “RFP for County Courthouse Security and the SOP of that Company.”
He alleged in his complaint the the Board’s office was locked, that he was denied access to the office, and did not receive email responses to his record request.
He requested that the IPIB “see if they are ok over there and can respond to the american people.”
When asked by IPIB staff to provide information concerning the date of his record request and any response from the Board, Mr. Miner replied: “I cant get any answers from the supervisors because of the filing in EQCV135332. While I have communication to oversight on how some of these things should be handled when their are requests for information simultaneously to a lawsuit against the County or State. In the meantime, I assume each and every request will need to go through you.”
Requests for these specific records should be made by Mr. Miner to the Board or to the County Engineer. If the Courthouse is inaccessible, he can submit his request by telephone during regular business hours or by regular or electronic mail directed to the Supervisors or the Engineer.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0088 is dismissed as legally insufficient 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 October 18, 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, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2018, to:
Jonathan Miner
Brian Williams, County Attorney