Date:
01/21/2021
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: 21FC:0004
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 January 10, 2021, Kevin Kilgore filed a formal complaint against Ringgold County (County). He alleged that the County violated Iowa Code sections 21.1, 21.2, 21.3, and 21.4 by failing to honor chapter 35C veterans preference.
Mr. Kilgore alleged that the public notices announcing job openings in the secondary roads office of Ringgold County contain language not authorized by Iowa Code section 35C and omit language required by the same code section. He proceeded to list the language not authorized or omitted.
Subsequent to the filing of this complaint, Mr. Kilgore submitted two addendums:
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Addendum 1, dated January 12, 2021, provided information about an individual disputing action taken by the Ringgold County Board of Supervisors and stated that any actions regarding Iowa Code chapter 35C “are deferred”.
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Addendum 2, dated January 13, 2021, added to the description of events concerning the application of veterans preference and referenced an alleged closed session involving that individual.
The Iowa Public Information Board is granted authority in Iowa Code section 23.1 to “secure compliance with and enforcement of the requirements of chapters 21 and 22” of the Iowa Code.
Although Mr. Kilgore alleged that certain sections of Iowa Code chapter 21 are violated, he referred only to Iowa Code chapter 35C in describing the alleged violations. He also indicated that action is being pursued before the Iowa Public Employment Relations Board.
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 21FC:0004 is dismissed as 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 January 21, 2021. 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. If the individual (or his attorney) named by Mr. Kilgore believes there was a violation of open meetings laws, either one could file a complaint with the IPIB or an action in district court. Mr. Kilgore also stated the individual and his attorney were pursuing the denial of employment with the Iowa Public Employment Relations Board.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2021, to:
Kevin Kilgore
Clint Spurrier, Ringgold County Attorney