Date:
07/17/2025
Subject:
Ruth Miller Kahler/Iowa Department of Human Services - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Ruth Miller Kahler, Complainant And Concerning: Iowa Department of Human Services, Respondent |
Case Numbers: 25FC:0086 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 July 4, 2025, Ruth Miller Kahler filed formal complaint 25FC:0086, alleging that the Iowa Department of Human Services (Department) violated Iowa Code chapters 21 and 22.
Facts
Miller Kahler makes the following statement in support of the position that the Department violated Iowa Code chapters 21 and 22:
Social worker threatened me that she wasn't messing around when I wouldn't speak to her right away. Social worker did have someone chase me down the street and my children when I would not attend a meeting, and gathered with a crowd of people and did not inform me why. social worker driving back and forth up and down the street at night late waiting for my husband ordering him to freeze.
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. Miller Kahler does not make any allegations related to a meeting of a governmental body or a request for public records. Any allegations made by Miller Kahler are unrelated to the jurisdiction of Iowa Code chapters 21 or 22.
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.
Miller Kahler’s allegations are unrelated to Iowa Code chapters 21 or 22.
IT IS SO ORDERED: Formal complaint 25FC:0086 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.