Date:
09/19/2024
Subject:
Montgomery McKernan/Story County - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Montgomery McKernan, Complainant
Story County, Respondent | Case Number: 24FC:0076 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On September 8, 2024, Mr. Montgomery McKernan filed formal complaint 24FC:0076, alleging Story County violated Iowa Code chapter 22.
Facts
On May 8, 2024, Mr. McKernan alleges that he and his family were unlawfully recorded inside a courtroom by Attorney Jordan Rouse. On July 8, 2024, Mr. McKernan requested a copy of security footage as evidence of the incident, which was denied on July 9, 2024.
On September 8, 2024, Mr. McKernan filed a formal complaint with IPIB, claiming the denial of his request for the security footage was in violation of Iowa Code § 22.2(1). After reviewing the complaint, it was determined the filing date was sixty-one days after the alleged violation. Mr. McKernan agreed the relevant dates for determining this time range were accurate during a phone call on September 11, 2024.
Applicable Law
“The board shall adopt rules pursuant to chapter 17A providing for the timing, form, content, and means by which any aggrieved person, any taxpayer to or citizen of this state, the attorney general, or any county attorney may file a complaint with the board alleging a violation of chapter 21 or 22. The complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence.” Iowa Code § 23.7(1).
Analysis
There is no dispute the latest date for any violation alleged would be July 9, 2024, and there is also no dispute Mr. McKernan filed his formal complaint with IPIB on September 8, 2024. In resolving past complaints, IPIB has measured the sixty-day window described in Iowa Code § 23.7(1) to include the date of the alleged violation but to exclude the date on which the formal complaint was filed. By this measure, exactly sixty-one days elapsed, meaning IPIB lacks jurisdiction to hear this complaint. See 19FC:0125 Duane Mann/Woodbine City Council (dismissing a chapter 21 complaint on the basis that a sixty-one-day delay placed the complaint outside IPIB’s statutory jurisdiction).
Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 24FC:0076 is dismissed as it is legally insufficient pursuant to Iowa Code § 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 September 19, 2024. 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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Erika Eckley, J.D.