19FC:0131 Kevin Kilgore/Ringgold County - Dismissal Order

Date:
11/21/2019

Subject:
Kevin Kilgore/Ringgold County - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On November 8, 2019, Kevin Kilgore filed a formal complaint against Ringgold County (County).  He alleged that the County violated Iowa Code section 22.3 on October 31, 2019.

Mr. Kilgore submitted a record request to the Board of Supervisors on October 29, 2019 (erroneously dated October 22, 2019).  He requested copies of the Ringgold County Assessor’s ‘alternative request’, minutes of the Conference Board showing approval of the alternative request, and the ‘Authorization/Approval’ letter from the Iowa Department of Revenue.

The County auditor informed Mr. Kilgore that the County was not the lawful custodian of these records and had no records responsive to his request.  He was advised to seek these records from the assessor.

The County responded to the complaint on November 13, 2019.  The response noted that a government body can designate a lawful custodian.  This is defined by Iowa Code section 22.1(2). The proper government body in this factual situation is the assessor.  The Board of Supervisors does not have the authority to set rules or policies concerning the release of records of other government bodies.

Mr. Kilgore filed two subsequent addendums:

1. Addendum 1, filed on November 11, 2019, alleged that the county auditor violated Iowa Code sections 441.49(2) and 441.49(3).

2. Addendum 2, filed on November 13, 2019, alleged inaccuracies in the valuations prepared by the county assessor, referencing Iowa Code chapter 441.  He also included a copy of a new record request dated November 12, 2019. This request is not part of this formal complaint. 

Mr. Kilgore was properly advised to contact the county assessor to request assessor records.  He subsequently requested the public records from the lawful custodian. The County did not violate Iowa Code chapter 22 by redirecting his record request to the proper government body.

He also listed various other sections of the Iowa Code and alleged violations of those sections.  

Chapter 23 of the Iowa Code limits IPIB jurisdiction to review of chapters 21 (open meetings) and 22 (public records).  There is no IPIB jurisdiction over the other matters disputed by Mr. Kilgore.  

The addendums do not provide information relevant to Iowa Code chapters 21 and 22.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint.  This complaint does not fulfill those requirements.

IT IS SO ORDERED:  Formal complaint 19FC:0131 is dismissed 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 “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 21, 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

 1 In Iowa, county assessors hold a unique status.  While normally housed in a county (or city) facility, the assessor is governed by a Conference Board pursuant to Iowa Code chapter 441.  The county Board of Supervisors are considered to be one of three voting units that govern the assessor.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of November, 2019, to:

Kevin Kilgore    

Clint Spurrier, Ringgold County Attorney