21FC:0107 James Stratton/Office of Governor - Dismissal Order

Date:
12/16/2021

Subject:
James Stratton/Office of Governor - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On November 16, 2021, James Stratton filed formal complaint 21FC:0107, alleging that the Office of the Governor violated Iowa Code chapter 22.

Iowa Code section 23.12 specifically states that the IPIB has no jurisdiction over complaints against the Office of the Governor:

23.12 Jurisdiction.
The board shall not have jurisdiction over the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or over the governor or the office of the governor.1

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 meet those requirements.

IT IS SO ORDERED:  Formal complaint 21FC:0107 is dismissed as beyond the jurisdiction of the IPIB 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 December 16, 2021.  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, J.D.

1. Mr. Stratton was informed of the lack of IPIB jurisdiction by email on November 16, 2021.  He asked that the IPIB open a formal complaint and issue an order.
 

CERTIFICATE OF MAILING

This document was sent on the ___ day of December, 2021, to:

James Stratton

Michael Boal, Office of the Governor