24FC:0110 Keegan Jarvis v. Swan City - Investigative Report and Probable Cause Order

The Iowa Public Information Board

COMES NOW, Alexander Lee, Agency Counsel for the Iowa Public Information Board (IPIB), and enters this Dismissal Order: 

On November 6, 2024, Keegan Jarvis filed formal complaint 24FC:0110, alleging Swan City (City) violated Iowa Code Chapter 21.

The IPIB accepted this Complaint on November 21, 2024.

Facts

Swan City is a small city in Marion County, Iowa, with a population of approximately 76 people. At the time of this complaint, the complainant, Keegan Jarvis, was involved in long-term ongoing litigation with the City on matters outside the scope of IPIB’s review.

It is undisputed between the parties that the City failed to post physical notice at least 24 hours prior to its regularly scheduled meeting on November 4, 2024, and no emergency purpose applied to waive the notice requirement. The parties agree that the agenda for the meeting was available on the City’s website more than 24 hours before the meeting, and the meeting’s date was included on an online events calendar well in advance of either posting. Two members of the public, including Jarvis, attended the meeting. According to meeting minutes, only three matters were voted on, including approval of previous meeting minutes and routine bills, as well as a motion to table discussion of a public records request policy. Community updates were also given.

Informal resolution in this matter was delayed by the consideration of three additional complaints filed by Jarvis against the City, including 24FC:0110 (2 of 2) (voluntarily withdrawn), 24FC:0112 (probable cause dismissal), and 24FC:0126 (dismissal on facial review).

On April 16, 2025, during the informal resolution process, the city council voted 3-0 to discontinue its status of incorporation, citing “lack of interest and participation in the local governing process and increasing costs to the city finances.” Ongoing expenses involved in litigation were cited as a specific factor for discontinuation.[1] The case was put on hiatus for this disincorporation process.

Following the discontinuation vote, the City received a petition to submit the question of discontinuance to the registered voters of Swan, pursuant to the procedure described in Iowa Code § 368.3(2). On September 9, 2025, a special election was held on discontinuance, and unofficial results show a 20-14 vote in favor of disincorporation.[2]

Applicable Law

“Except as otherwise provided in paragraph ‘c’, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.” Iowa Code § 21.4(2)(a).

Analysis

It is undisputed that the City violated Iowa Code § 21.4(2) by failing to post physical notice more than twenty-four hours before the monthly meeting on November 4, 2024. Upon realizing proper notice had not been provided, the City should have postponed the meeting for a later date without deliberation or action on any other matter.

Nevertheless, the City has now voted to discontinue, pursuant to Iowa Code § 368.3(2), meaning the City will cease to exist as a legal entity, and there will no longer be a governmental body capable of acting as respondents in this case.

Given these considerations, the most appropriate course of action is to dismiss complaint 24FC:0110 as an exercise of administrative discretion, as the matter is now moot.

IPIB Action

The Board may take the following actions upon receipt of an investigative report: 

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

It is recommended the Board make a determination that probable cause exists to believe a violation has occurred but, as an exercise of administrative discretion, dismiss the matter. While the City has acknowledged that it violated Iowa Code § 21.4(2) by failing to provide notice of a meeting at least 24 hours in advance, the imminent discontinuation of Swan City makes this matter moot.

By the IPIB Agency Counsel,

_________________________

Alexander Lee, J.D.

CERTIFICATE OF MAILING

This document was sent on September 12, 2025, to:

Keegan Jarvis, Complainant

Swan City, Respondent

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action:

• a. Redirect the matter for further investigation;
• b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

☒c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

• d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair, 

_________________________

Catherine Lucas

CERTIFICATE OF MAILING

This document was sent on September 24, 2025, to:

Keegan Jarvis, Complainant 

Swan City, Respondent