Date:
11/21/2024
Subject:
Sue Miles/Winterset Public Library - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Sue Miles, Complainant
Winterset Public Library, Respondent | Case Number: 24FC:0100 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 October 31, 2024, Sue Miles filed formal complaint 24FC:0103, alleging the Winterset Public Library (Library) violated Iowa Code Chapters 21 or 22.
Facts
On October 30, 2024, Sue Miles visited the Library as a patron. The complaint alleges that, during this visit, the Library’s staff members were rude. The complaint also states that a particular employee never smiles and is never friendly to patrons. The complainant states they do not intend to go back to the Library due to the treatment they received. Miles did not allege any facts establishing a meeting of a government body or any request to access public records in the complaint.
Applicable Law
Iowa Code § 23.6(4) grants IPIB the authority to “[r]eceive complaints alleging violations of chapter 21 or 22, seek resolution of such complaints through informal assistance, formally investigate such complaints, decide after such an investigation whether there is probable cause to believe a violation of chapter 21 or 22 has occurred, and if probable cause has been found prosecute the respondent before the board in a contested case proceeded conducted according to the provisions of chapter 17A.”
Analysis
IPIB’s statutory jurisdiction to hear complaints is limited to Chapters 21 and 22, which deal with open meetings and open records law, respectively. This complaint does not relate to or allege a meeting of any government body, nor does it pertain to any public records.
In its initial facial review, IPIB considers all factual allegations provided by the complainant to be true and accurate for the purposes of deciding whether to accept or dismiss a complaint. Because none of the allegations described in the present complaint could serve as the basis for a finding the Library violated either Chapter 21 or Chapter 22, IPIB lacks authority to weigh in on the merits of the complaint.
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.
On review, the complainant has failed to allege a violation within IPIB’s jurisdiction.
IT IS SO ORDERED: Formal complaint 24FC:0103 is dismissed as outside IPIB’s jurisdiction 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 November 21, 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.