Date:
04/16/2020
Subject:
Kevin Kilgore/Ringgold County - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kevin Kilgore, Complainant And Concerning: Ringgold County, Respondent |
Case Number: 20FC:0035
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 19, 2020, Kevin Kilgore filed a formal complaint against Ringgold County (County). He alleged that the County violated Iowa Code sections 21.3, 22.3, and 22.3A as follows:
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At the February 24, 2020, and again at the March 2, 2020, County Board of Supervisors meetings, the County tabled approval of meeting minutes.
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The County approved a resolution on January 22, 2020, at an illegal closed session that lacked proper notice.
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The Resolution approved on March 9, 2020, concerning stray livestock, is noncompliant with Iowa Code section 169C.2.
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The seizure of livestock without due process of law as included in the Resolution is improper.
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On December 23, 2019, the Board of Supervisors met in closed session pursuant to Iowa Code section 21.5(1)(c) with an attorney who is employed by the County’s insurance company.
Following the filing of this complaint, Mr. Kilgore filed four addendums:
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March 25, 2020: The County is violating Iowa Code sections 26.16, 26.2(3)(b)(4), 309.40, and 314.1 as they relate to bid processing.
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March 30, 2020: The County is violating Iowa Code section 331.433A(5)(b) and 384.15A(5)(b) with budgetary oversight.
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April 2, 2020: Raised concerns about the County Attorney responding to his complaint on behalf of the County and the attorney’s authority to do so.
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April 5, 2020: The County continues to violate Iowa Code chapter 35C and section 70A.29(1). The County is violating Iowa Code chapter 22 by failing to approve minutes in a timely manner.
Mr. Kilgore also referenced prior District Court filings and seeks IPIB review of these. The IPIB does not have authority to review or rule upon questions pertaining to judicial decisions.
The County attorney responded to the complaint on behalf of the County, stating that the decision to table formal approval of the meeting minutes is not a violation of Iowa Code chapter 21. He added that actions taken by the board of supervisors are valid even if the minutes have not been formally approved.
Copies of the January 22, 2020, and March 2, 2020, meetings agendas were provided to show that proper notice was provided for the action items considered. The County attorney stated that the stray livestock resolution does not violate Iowa Code chapter 169C. However, the IPIB lacks jurisdiction to interpret code sections beyond Iowa Code chapters 21, 22, and 23.
The attorney present at the December 23, 2019, closed session represented the County in litigation and was therefore “counsel” as required by Iowa Code section 21.5(1)(c).
Item 1 of the complaint is not a violation of Iowa Code chapter 21. Item 2 of the complaint is insufficient as the meeting minutes note that the action item was an exempt session under Iowa Code chapter 20, not a closed session pursuant to chapter 21. Items 3 and 4 of the complaint do not state a violation of Iowa Code chapter 21 or 22 and, therefore, are beyond the authority of the IPIB. Item 5 is not a violation of Iowa Code section 21.5(1)(a).
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 20FC:0035 is dismissed as legally insufficient and 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 April 16, 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, J.D.
1. Iowa Administrative Rule 497-8.2(1) requires the legal counsel for the governmental body to be present in person or electronically when conducting a closed session under Iowa Code section 21.(5)(1)(c). In addition, the IPIB does not have jurisdiction over this portion of the complaint because the alleged violation occurred more than 60 days prior to the filing of the complaint (see Iowa Code section 23.7(1)).
2. It is not a violation of Iowa Code chapter 22 to delay the approval of the meeting minutes.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2020, to:
Kevin Kilgore
Clint Spurrier, Ringgold County Attorney