Topics:

Formal Complaints

Date:
03/21/2019

Subject:
Patrick Durkee/Iowa Public Information Board - Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Patrick Durkee, Complainant

And Concerning:

Iowa Public Information Board, Respondent

 

                     Case Number: 19FC:0017

 

                                   Order

This matter comes before the Iowa Public Information Board (IPIB) this 21st day of March, 2019, to consider a formal complaint filed by Patrick Durkee on February 19, 2019.

The complaint alleges that the staff of the Iowa Public Information Board violated Iowa Code chapter 22 by failing to release a record that Mr. Durkee alleges should exist to support an opinion statement in a previous dismissal order.


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 19FC:0017 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, 22.10, and 23.5.

 

So ordered this 21st day of March, 2019.

 

 

_____________________________________

IPIB Chair

 

cc:

IPIB

Patrick Durkee

 

The Iowa Public Information Board

In re the Matter of:

Patrick Durkee, Complainant

And Concerning:

Iowa Public Information Board, Respondent

 

                     Case Number: 19FC:0018

 

                                   Order

This matter comes before the Iowa Public Information Board (IPIB) this 21st day of March, 2019, to consider a formal complaint filed by Patrick Durkee on February 20, 2019.

The complaint alleges that the Iowa Public Information Board violated Iowa Code chapter 22 by failing to release records requested by Patrick Durkee.


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 19FC:0018 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, 22.10, and 23.5.

 

So ordered this 21st day of March, 2019.

 

 

_____________________________________

IPIB Chair

 

cc:

IPIB

Patrick Durkee