18AO:0009 Oaths of Office and Certification of Appointment

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Advisory Opinions
Advisory Opinions: Nonjurisdictional

18AO:0009

Date: April 19, 2018

Subject:  Iowa Code sections 63.10 and 331.903 – Oaths of Office and Certification of Appointment

Kevin Kilgore
1695 115th Street
Diagonal, Iowa 50845

Dear Mr. Kilgore:

This opinion is in response to your filing of March 28, 2018, requesting an opinion from the Iowa Public Information Board (IPIB) pursuant to Iowa Code section 23.6 and rule 497β€”1.2.  We note at the outset that IPIB’s jurisdiction is limited to the application of Iowa Code chapters 21, 22, and 23, and rules in Iowa Administrative Code chapter 497.  Advice in a Board opinion, if followed, constitutes a defense to a subsequent complaint based on the same facts and circumstances.

FACTUAL STATEMENT:  You request an advisory opinion regarding whether an oath of office and a certification of appointment are the same document and required for every official and employee.

QUESTIONS:

  1. Is the Β§ 63.10 Oath of Office and the Β§ 331.903 Certification of Appointment the same document?
  2. Is an Oath of Office and/or a Certification of Appointment required for EVERY local government elected and appointed official AND employee?

OPINION:

The questions you ask are not within the jurisdiction of the IPIB.  Rule 497-1.2 states:

497β€”1.2(23) Requirements for requesting board advisory opinions. 1.2(1) Jurisdiction. The board will only issue advisory opinions pertaining to Iowa Code chapters 21 and 22, or rules adopted thereunder. 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.

Pursuant to Iowa Administrative Rule 497-1.3(3), a person who has received a board opinion may, within 30 days after the issuance of the opinion, request modification or reconsideration of the opinion.  A request for modification or reconsideration shall be deemed denied unless the board acts upon the request within 60 days of receipt of the request.  The IPIB may take up modification or reconsideration of an advisory opinion on its own motion within 30 days after the issuance of an opinion.

Pursuant to Iowa Administrative Rule 497-1.3(5), a person who has received a board opinion or advice may petition for a declaratory order pursuant to Iowa Code section 17A.9.  The IPIB may refuse to issue a declaratory order to a person who has previously received a board opinion on the same question, unless the requestor demonstrates a significant change in circumstances from those in the board opinion.

BY DIRECTION AND VOTE OF THE BOARD
Mary Ungs-Sogaard, Chair
E. J. Giovannetti
Keith Luchtel
​Monica McHugh
Frederick Morain
William Peard
Julie Pottorff
Suzan Stewart
Renee Twedt

Submitted by:
Margaret E. Johnson, Executive Director

ISSUED ON:
4/19/18