20FC:0044 Terry Johnson/Chickasaw County Board of Health - Dismissal Order

Topics:

Formal Complaints

Date:
05/21/2020

Subject:
Terry Johnson/Chickasaw County Board of Health - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Terry Johnson, Complainant

And Concerning:

Chickasaw County Board of Health, Respondent

  

                      Case Number: 20FC:0044

                                  

                              Dismissal Order

              

 

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

 

On April 23, 2020, Terry Johnson filed formal complaint 20FC:0044, alleging that the Chickasaw County Board of Health (Board) violated Iowa Code chapter 22. 

 

Mr. Johnson alleged that he filed a public record request with the Board on February 12, 2020, requesting copies of records from twelve named counties, including copies of by-laws, budgets, employee lists, and salaries.  Chickasaw County was not listed as one of the counties.

 

The Chickasaw County attorney provided a response to the complaint.  She noted that the record request the Board received was slightly different and dated February 13, 2020.  She also stated that the Board is not the lawful custodian of the records requested.  The records requested are not in the possession of Chickasaw County.

 

Mr. Johnson should consider filing his record requests with the other counties he named.

 

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:0044 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 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

 

________________________________

Margaret E. Johnson


1.Mr. Johnson is a member of the Chickasaw County Board of Health.

 

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the ___ day of May, 2020, to:

 

Terry Johnson    

Jennifer Schwickerath, Chickasaw County attorney