Date:
11/15/2018
Subject:
Tyson Ruth/Carroll County Clerk of Court
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Tyson Ruth, Complainant And Concerning: Carroll County Clerk of Court, Respondent |
Case Number: 18FC:0096 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Tyson Ruth filed complaint 18FC:0096 on October 15, 2018. In his complaint he alleged that the Carroll County Clerk of Court violated Iowa Code chapter 22 by failing to provide copies of his criminal court files.
The IPIB does not have jurisdiction over the judicial branch (Iowa Code section 23.12). This complaint is beyond the IPIB’s jurisdiction.
IPIB staff suggested that Mr. Ruth contact the second judicial district chief judge or court administrator and provided the contact information for those individuals.
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.
IT IS SO ORDERED: Formal complaint 18FC:0096 is dismissed as beyond IPIB jurisdiction 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 November 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
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by U.S. mail on the ___ day of November, 2018, to:
Tyson Ruth