Date:
05/21/2020
Subject:
Don McGregor/Kossuth County EMS Board - Probable Cause Report & Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Don McGregory, Complainant And Concerning: Kossuth County EMS Board, Respondent |
Case Number: 20FC:0015 Probable Cause Order |
This matter comes before the Iowa Public Information Board (IPIB) this 21st day of May, 2020, to consider a Probable Cause Report.
The Probable Cause Report recommends that the IPIB determine that probable cause does exist to believe that the Kossuth County EMS Board violated Iowa Code chapter 21.
The Probable Cause Report also indicates that the Kossuth County EMS Board was dissolved by the Kossuth County Board of Supervisors as it no longer served a purpose for Kossuth County.
The IPIB finds that there is probable cause to believe that the Kossuth County EMS Board violated Iowa Code chapter 21. The Kossuth County EMS Board has been dissolved, so there is no governmental body to enter into an informal resolution. Therefore, the IPIB further finds that it is appropriate to dismiss this complaint as an exercise of administrative discretion.
Pursuant to Iowa Administrative Rule 497-2.2(4)(c) the IPIB adopts the findings of the Probable Cause Report, enters a finding of probable cause, and dismisses this complaint as an exercise of administrative discretion.
So ordered this 21st day of May, 2020.
_____________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2020, to:
Don McGregor
Kossuth County Attorney
Before The Iowa Public Information Board
|
In re the Matter of: Don McGregor, Complainant And Concerning: Kossuth County EMS Board, Respondent |
Case Number: 20:FC0015 Probable Cause Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this probable cause report.
The attached report recites the language of the Acceptance Order approved on March 19, 2020, (page one). IPIB staff attempted to work with the parties to reach an informal resolution. However, the Kossuth County EMS Board has been dissolved. There is no governmental body to agree to an informal resolution.
There is no dispute that the actions alleged did occur. Therefore, it is my recommendation that the IPIB make a determination that probable cause exists to believe a violation had occurred, but, as an exercise of administrative discretion, dismiss this matter pursuant to Iowa Administrative Rule 497-2.2(4)(c).
Respectful submitted this 21st day of May, 2020:
_________________________________
Margaret E. Johnson, J.D.
Executive Director
A copy of this document was sent via email on the ________ day of May, 2020, to:
Don McGregor
Kossuth County Attorney