Date:
05/21/2020
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:0040
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 April 7, 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 by following the Governor’s Proclamation dated Friday, March 20, 2020.
Section Nine of this proclamation states:
ELECTRONIC MEETINGS AND HEARINGS
SECTION NINE. Pursuant to Iowa Code § 29C.6(6), and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I temporarily suspend the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, to the extent that the statutes could be interpreted to prevent a governmental body from holding the meeting by electronic means, provided that the governmental body properly notices the meeting or hearing and includes a telephone conference number or website address that permits the public to participate in the meeting or hearing. I also temporarily suspend those statutes to the extent they could be interpreted to prevent a governmental body from limiting the number of people present at an in-person location of the meeting, provided that the governmental body provides a means for the public to participate by telephone or electronically as provided in this section.
He further alleged that video conferencing meetings are not electronic meetings within the definition of Iowa Code section 21.8. He questioned whether the League of Cities has standing to make any representations on behalf of local government bodies.
Subsequent to the filing of the formal complaint, Mr. Kilgore filed several addendums:
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On April 8, 2020, Mr. Kilgore filed Addendum 1, alleging that the Iowa Secretary of State has overreached his authority by expanding absentee voting and therefore violated Iowa Code sections 17A.2, 17A.4, 17A.18, 43.11, 43.23, 43.24, 43.53, 43.54, 43.66, 43.67, 43.7, 44.3, 44.4, 48A.9, 49.1, 49.41, 53.1, 53.2, 53.10, and 331.442.
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On April 10, 2020, Mr. Kilgore filed Addendum 2, expanding this complaint to include two newspaper articles that he alleges did not properly explain voting laws contained in Iowa Code sections 39.21, 44.4, and 49.41.
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On April 13, 2020, Mr. Kilgore filed a document titled “(Closure)” that alleged communications received from the County attorney were non-compliant with “Rule 1.405.” He also discussed coronavirus social distancing.
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On April 14, 2020, Mr. Kilgore filed a document titled “(Closure)(Errata)” to provide additional information concerning his interpretation of Iowa Code section 29C.6(1) and chain of accountability.
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On April 16, 2020, Mr. Kilgore filed a document titled “(Closure)(Errata #2)” alleging violations of Iowa rules by the district courts and appellate courts in Iowa.
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On May 8, 2020, Mr. Kilgore filed a document titled “(Addendum #1)(Update)” alleging violations of various sections of Iowa Code chapter 49 and including a copy of a letter to the editor he authored.
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On May 13, 2020, Mr. Kilgore filed a document titled “(Addendum #2)(Update)” discussing concerns with comments made by candidates for the Board of Supervisors.
The Ringgold County attorney filed a response on April 10, 2020, on behalf of the County. He addressed the original formal complaint and the addendums (numbers one and two, above). He explained the actions taken by the County to adhere to the guidelines and proclamations issued by the Governor. Although the County courthouse was closed to the general public, the County employees continue to perform county work. Public access is limited and must be arranged prior to access being granted.
The county attorney added that meetings are currently held in the courthouse with in-person and electronic access available.
The complaint does not state a violation of Iowa Code chapter 21 or 22 and, therefore, is beyond the authority of the IPIB.
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:0040 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 May 21, 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.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2020, to:
Kevin Kilgore
Clint Spurrier, Ringgold County Attorney