Date:
07/18/2019
Subject:
Leonard, Gray, and Dinos/Senator Claire Celsi - Consolidation and Dismissal
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jake Leonard, William Gray, and Michael Dinos, Complainants And Concerning: Senator Claire Celsi, Respondent |
Case Numbers: 19FC:0083, 19FC:0084, and 19FC:0085
Order for Consolidation and Dismissal |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Consolidate these complaints and Dismiss.
Jake Leonard filed formal complaint 19FC:0083 on July 12, 2019. William Gray filed formal complaint 19FC:0084 on July 13, 2109. Michael Dinos filed formal complaint 19FC:0085 on July 15, 2019.
All three complaints alleged that Iowa Code chapters 21 and/or 22 were violated when Senator Celsi ‘blocked’ their comments on a social media account.
Iowa Code section 23.12 specifically states that the IPIB does not have jurisdiction over the Iowa legislature:
23.12 Jurisdiction.
The board shall not have jurisdiction over the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or over the governor or the office of the governor.
In addition, chapters 21 and 22 of the Iowa Code do not govern social media access. The IPIB’s jurisdiction is limited to issues arising under Iowa Code chapters 21 and 22 in Iowa Code section 23.1:
23.1 Citation and purpose.
This chapter may be cited as the “Iowa Public Information Board Act”. The purpose of this chapter is to provide an alternative means by which to secure compliance with and enforcement of the requirements of chapters 21 and 22 through the provision by the Iowa public information board to all interested parties of an efficient, informal, and cost-effective process for resolving disputes.
Because all three complaints allege the same factual situation, it is appropriate to consolidate the complaints.
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. These complaints do not meet those requirements.
IT IS SO ORDERED: Formal complaints 19FC:0083, 19FC:0084, and 19FC:0085 are consolidated and dismissed as beyond the jurisdiction of the IPIB, as legally insufficient, and as without merit 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 July 18, 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 July, 2019, to:
Jake Leonard
William Gray
Michael Dinos
Senator Claire Celsi