25FC:0012 Matt Loffer v. City of Marengo - Final Report

The Iowa Public Information Board

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

On February 3, 2025, Matt Loffer filed formal complaint 25FC:0012, alleging that the City of Marengo (City) violated Iowa Code Chapter 22.

The IPIB accepted this complaint at its meeting on February 20, 2025.

Background

On December 9, 2024, the complainant, Matt Loffer, submitted a Chapter 22 request seeking copies of “call for service” records involving abandoned vehicles. Twelve records were ultimately released, with an accompanying fee of $78.97. The City provided a breakdown of this fee as follows: $42.47 was charged for one hour of the city police chief’s time as the official or employee who responded to the request, $36.00 for the production of the calls for service, and $0.50 for a single highlighted copy of the Municipal Code of Ordinances which described the criteria for when a vehicle is considered an “abandoned vehicle.” The $36.00 cost was based on the City’s official fee policy, which included a $3.00 flat fee for each copy of a call for service record produced by the City’s police department. In this case, each record was two pages each, for a total of twenty-five pages, delivered electronically.

Both the fee policy and the specific fee charged for Loffer’s Chapter 22 request were disputed, on the basis that they did not reflect the actual, direct, and reasonable costs associated with the production of records.

Informal Resolution

Following mediation, the parties reached an Informal Resolution to resolve the complaint, which IPIB approved on September 18, 2025. Pursuant to that Informal Resolution, the following remedial actions were taken:

1. The Informal Resolution was formally approved at a meeting of the Marengo City Council. The City included a copy of the Informal Resolution in its meeting minutes and provided IPIB staff with a copy of the minutes demonstrating approval.

2. Members of the Marengo City Council, along with the City’s Chief of Police, completed training on Iowa’s open meetings and public records laws on November 12, 2025, during an open session meeting.

3. The City worked with IPIB staff to amend the records request fees portion of their official fees policy to conform to the requirements of Iowa Code § 22.3(2). This revised policy was adopted by a vote of the City Council on November 12, 2025.

4. Following the adoption of a new policy pursuant to Term #3, the City worked with IPIB staff to recalculate the fees charged for Loffer’s December 2024 records request, considering only the costs associated with delivering electronic records. As part of this recalculation, the City provided a brief explanation of how the Chief of Police responded to the request, for the purpose of determining whether the time spent on the request was reasonable. In fulfillment of this term, the City has offered a partial refund of $43.97. IPIB’s executive board approved this refund as appropriate on December 18, 2025. A check for $43.97 has been issued and made available to Loffer at City Hall.

Matt Loffer approved the Informal Resolution on September 8, 2025.

The City of Marengo approved the Informal Resolution on August 27, 2025.

IPIB approved the Informal Resolution Report on September 18, 2025.

All terms of the Informal Resolution have been satisfied. IPIB staff recommends this Final Report be adopted and the complaint be dismissed as resolved.

By the IPIB Agency Counsel,

_________________________

Alexander Lee, J.D.

CERTIFICATE OF MAILING

This document was sent on Click or tap to enter a date., to:

Matt Loffer, Complainant

City of Marengo, Respondent