Date:
10/15/2020
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:0094
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 September 14, 2020, Kevin Kilgore filed a formal complaint against Ringgold County (County). He alleged that the County violated Iowa Code chapters 21 and 22 by:
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failing to post monthly reports from the Treasurer and Auditor on the county website,
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having the Board of Supervisors Chair approve and sign meeting minutes despite his absence at the meeting, and
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posting meeting minutes on the county website that contained a “contradicting signature.”
Mr. Kilgore alleged that the failure to post the county treasurer and auditor reports online constituted violations of various provisions of Iowa Code chapters 349 and 372. Iowa Code section 23.1 limits IPIB’s jurisdiction to chapters 21 and 22 of the Iowa Code.
The remaining allegations in his complaint, such as the Chair’s approval/signing of meeting minutes and the posting of the minutes with a “contradicting signature”, are not violations of Iowa Code chapter 21 or 22.
Subsequent to the filing of the formal complaint, Mr. Kilgore filed several addendums:
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On September 16, 2020, Mr. Kilgore filed Addendum 1, alleging that the Mount Ayr City Council voted to authorize the sale of a parking lot in violation of Iowa Code sections 362.3(1), 349.18(3)(b), 364.2(1), 380.5, 380.6(1)(b), and 380.6(3).
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On September 17, 2020, Mr. Kilgore filed Addendum 2, alleging that the Mount Ayr City Council violated Iowa Code section 21.3 and 21.4 by distributing copies of social media policies from other cities prior to a discussion on adopting a social media policy. Mr. Kilgore further alleged that the adoption of social media policies are unconstitutional.
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On September 22, 2020, Mr. Kilgore filed Addendum 3, alleging that the Creston City Council violated various provisions of Iowa Code chapters 8C, 303, 331, and 364 by failing to mention that the erection of a tower would specifically be a “cell tower.”
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On September 23, 2020, Mr. Kilgore filed an attachment to Addendum 2 and provided additional information to the alleged violations by adding that members of the Mount Ayr City Council deleted a particular Facebook post which was not mentioned in the meeting minutes. Mr. Kilgore additionally declared that mask mandates are unconstitutional.
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On September 25, 2020, Mr. Kilgore filed Addendum 4, alleging that the appointments of individuals to positions were in violation of various provisions of Iowa Code chapters 24, 331, 359, 441, and 670.
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On September 27, 2020, Mr. Kilgore filed Addendum 4A alleging that the Ringgold County Auditor and Treasurer failed to perform various duties, including but not limited to obtaining certain certifications with the Iowa Department of Revenue in violation of provisions of Iowa Code chapters 425, 426A, and 426C.
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On September 28, 2020, Mr. Kilgore filed Addendum 5 that alleged that the Ringgold County Auditor’s Office violated Iowa Code section 24.19 by providing requested records which amounted to two pages, when Mr. Kilgore anticipated four pages.
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On October 2, 2020, Mr. Kilgore filed Addendum 5A which included information about a new software system installed by the Ringgold County Treasurer’s Office, criticisms about the software system, and an in-depth analysis on the financials of Ringgold County as offered in the Treasurer’s report obtained by Mr. Kilgore.
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On October 5, 2020, Mr. Kilgore filed Addendum 5B which included the charges of inconsistent data between the Ringgold County Auditor and the Iowa Department of Management, excessive city budgets and taxes, and criticisms of the Iowa Department of Management’s website, all in violation of various provisions of Iowa Code chapters 24, 257, 331, 347, 359, and 384.
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On October 6, 2020, Mr. Kilgore filed Addendum 6 alleging that the Ringgold County Auditor and Page County Attorney have been overreaching their authority in violation of Iowa Code chapter 331. Mr. Kilgore also alleged that a record he requested and received from Ringgold County was insufficient because he thought there should be two signatures on the record and there was only one. Mr. Kilgore additionally discussed a criminal case being handled by the Ringgold County Attorney and inconsistencies in the Mount Ayr Record News newspaper.
The complaint does not state any violation of Iowa Code chapter 21 or 22 and, therefore, is beyond the authority of the IPIB.
The addendums do not provide any information supporting alleged violations of 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:0094 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 October 15, 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 October, 2020, to:
Kevin Kilgore
Clint Spurrier, Ringgold County Attorney