19FC:0001 Erica Brown/Jasper County Clerk of Court and Jasper County Department of Human Services - Dismissal Order

Topics:

Formal Complaints

Date:
01/28/2019

Subject:
Erica Brown/Jasper County Clerk of Court and Jasper County Department of Human Services - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Erica Brown, Complainant

And Concerning:

Jasper County Clerk of Court and Jasper County Department of Human Services, Respondents

  

                        Case Number: 19FC:0001

 

                               Dismissal Order

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Erica Brown filed formal complaint 19FC:0001 on January 3, 2019.  She alleged that the Jasper County Clerk of Court (Court) and the Jasper County Department of Human Service (DHS) violated Iowa Code chapter 22 by failing to provide copies of public records.


Ms. Brown stated in her complaint that she requested that the Court provide her access to court documents and DHS reports on a child protection case.  She was asked to provide a copy of her request for records. She did not submit any record requests to the IPIB.

The IPIB does not have jurisdiction over the judicial branch (Iowa Code section 23.12).  In addition, juvenile court records are considered confidential pursuant to Iowa Code section 217.147.  


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 19FC:0001 is dismissed as beyond the jurisdiction of the IPIB and 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 β€œdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on January 28, 2019. 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 January 2019, to:

 

Erica Brown