Date:
09/19/2019
Subject:
Robin Wisgerhof/"Transportation" - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Robin Wisgerhof, Complainant And Concerning: “Transportation”, Respondent |
Case Number: 19FC:0102 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On August 15, 2019, Robin Wisgerhof filed formal complaint 19FC:0102, alleging that “Transportation” violated Iowa Code chapters 21 and 22 by causing her to be stopped by a train for an hour at the Dean Avenue Railroad crossing in Des Moines, Iowa, earlier that day.
Ms. Wisgerhof was contacted via U.S. Mail and asked to provide additional information as to how this was a violation of open meetings and public records laws and to confirm that her complaint involved an Iowa agency or governmental body. She did not respond.
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 any of those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0102 is dismissed as legally insufficient, without merit, and beyond the jurisdiction of the IPIB 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 September 19, 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 or First Class mail on the ___ day of September, 2019, to:
Robin Wisgerhof (via First Class mail)