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:0088 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:0088 with the IPIB on Saturday, September 29, 2018, at 3:24 a.m. He alleged that the Black Hawk County Board of Supervisors (Board) violated Iowa Code chapters 21 and 22 on September 26, 2018.
He stated in his complaint: “I have attempted to reach the Black Hawk County Board of Supervisors to obtain video footage of the Courthouse. I have been informed that it is maintained by maintenance and that the county supervisors are responsible for maintenance of the building.”
He further stated that the Board does not hold open meetings “as the Building in which they are held is restricted access only” and that the Courthouse building “is locked down.”
IPIB staff requested additional information from Mr. Miner on October 1, 2018, but none was received.
According to the Black Hawk County website, the Courthouse is open Monday through Friday from 8 - 4:30. It is closed on Saturday and Sunday as well as on county holidays.
The Board meets every Tuesday at 9 a.m. in Room 201 of the Courthouse. Meetings are recorded and broadcast on Mediacom and available on the County website. It is apparent from the recordings that the public can attend. Public comment is allowed during meetings.
Mr. Miner and his attorney were invited to review the video recording from the altercation on September 26, 2018, but have not done so. The incident is under investigation at this time. Because of the allegations of excessive force by law enforcement and possible criminal charges, the footage has not been publicly released.
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