Date:
07/17/2025
Subject:
Kenny Shearon/City of Brighton - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Kenny Shearon, Complainant And Concerning: City of Brighton, Respondent |
Case Numbers: 25FC:0056 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 May 22, 2025, Kenny Shearon filed formal complaint 25FC:0056, alleging that the City of Brighton (City) violated Iowa Code Chapter 22.
Facts
Shearon alleges the City failed to provide requested public records. The complaint states:
Refusal to provide recorded minutes of council meetings , building permits issued for the last 2yr for car ports , and 24 hr parking violations issued.
IPIB staff outreached to Shearon to obtain the specific request sent to the City and the corresponding timeframe. Shearon did not respond to IPIB requests for additional information. After multiple unreturned responses, IPIB informed Shearon that he must respond to IPIB within 48 hours or his complaint would be dismissed. To date, IPIB has not received a response from Shearon. Without additional information, IPIB staff is unable to establish jurisdiction.
Applicable Law
Upon receipt of a complaint alleging a violation of chapter 21 or 22, the board shall do either of the following:
1. Determine that, on its face, the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit. In such a case the board shall accept the complaint, and shall notify the parties of that fact in writing.
2. Determine that, on its face, the complaint is outside its jurisdiction, is legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court. In such a case the board shall decline to accept the complaint. If the board refuses to accept a complaint, the board shall provide the complainant with a written order explaining its reasons for the action.
Iowa Code § 23.8.
Analysis
Iowa Code Chapter 23 is the enabling statute of the IPIB, which mandates that IPIB determine whether a complaint falls within its jurisdiction. IPIB staff has outreached to the complainant to obtain additional information to verify the complaint is within IPIB’s jurisdiction. Despite numerous attempts to reach Shearon, IPIB staff have been unable to obtain additional evidence to support IPIB’s jurisdiction over this matter.
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.
Despite numerous requests, IPIB staff have been unable to obtain responsive information from Shearon supporting IPIB’s jurisdiction over the complaint.
IT IS SO ORDERED: Formal complaint 25FC:0056 is dismissed as legally insufficient or 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 July 17, 2025. 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.