Date:
03/19/2020
Subject:
Kyndal Toepperwein/Story County - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kyndal Toepperwein, Complainant And Concerning: “Story County”, Respondent |
Case Number: 20FC:0025
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On March 3, 2020, Kyndal Toepperwein filed formal complaint 20FC:0025 alleging that “Story County” violated Iowa Code chapters 21 and 22.
Ms. Toepperwein alleged that someone in Story County violated Iowa Code chapters 21 (open meetings) and 22 (public records) from April 23, 2019, to October 18, 2019, by inappropriately holding hearings in district court, not releasing court records, imposing an improper sentence, discharging a sentence, expunging records, and prosecuting her husband. It is difficult to determine what governmental body is accused of these violations, although it appears to involve the judicial branch of government.
When asked, Ms. Toepperwein offered more information about her concerns with the Story County district court’s handling of various criminal filings. She provided screen shots of various online listings of court actions.
Ms. Toepperwein was informed that the IPIB does not have jurisdiction over the judicial branch, as noted in Iowa Code section 23.12. In addition, Iowa Code section 23.7(1) requires that complaints must be filed within 60 days of the alleged violation.
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 20FC:0025 is dismissed as 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 March 19, 2020. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2020, to:
Kyndal Toepperwein