Date:
06/19/2025
Subject:
Lily Leyva/West Bend-Mallard Community School District - Investigative Report and Probable Cause Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Lily Leyva, Complainant And Concerning: West Bend-Mallard Community School District, Respondent |
Case Numbers: 25FC:0044 Investigative Report and
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On April 21, 2025, Lily Leyva filed formal complaint 25FC:0044, alleging the West Bend-Mallard Community School District (District) violated Iowa Code Chapter 22.
The IPIB accepted this Complaint on May 15, 2025.
Facts
The West Bend-Mallard Community School District is a rural public school district, serving portions of four counties in Northern Iowa.
On April 17, 2025, the complainant, Lily Leyva submitted a Chapter 22 request with the District for copies of all school board policies and bylaws. Leyva alleges that the District refused her request for a full copy of the policy handbook, which was not available in electronic format, and offered her the choice to either specify individual policies she wished to receive copies of or review a physical copy of the handbook in person at one of the District’s offices.
Based on this response, on April 21, 2025, Leyva filed formal complaint 25FC:0044, alleging the District had refused to provide her a full set of copies of the records requested, despite her understanding that she may be required to pay reasonable fees under Iowa Code § 22.3.
In its response briefing, the District stated that there was never an intent to deny Leyva her right to obtain copies so long as she was willing to pay the associated fees, but it had offered to send specific policies or allow for in-person examination instead as alternative options to avoid fees.
On April 23, 2025, the District provided an initial estimate cost of $75.00 for approximately 750 pages, at a rate of $0.10/page for copying, without any additional fees for employee time associated with making the copies. Leyva agreed to pay this amount. The District promptly prepared the requested copies, which were ready two days later, on April 25, 2025, with a revised fee of $50.00 (500 actual pages).
Leyva has since obtained these records without issue, and she agrees with the District that all responsive records have apparently been provided.
Applicable Law
“Each person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record.” Iowa Code § 22.2(1).
“The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian’s authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means.” Iowa Code § 22.3(1).
Analysis
Any Chapter 22 concerns present in this case have been effectively resolved. Since opening the complaint, the District has made copies of all requested records available to the complainant at a reasonable fee based on copying costs, as provided for in Iowa Code § 22.3(1). Whatever confusion may have existed surrounding the District’s initial response, the records request was fully satisfied in accordance with Chapter 22 within eight days of submission. The complainant has had the chance to review the provided records, and there is no concern that additional responsive records have been withheld. The underlying dispute which prompted the records request remains active, but the parties agree it is outside of IPIB’s jurisdiction over Chapters 21 and 22.
IPIB Action
The Board may take the following actions upon receipt of a probable cause 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 dismiss the matter for lack of probable cause to believe a violation has occurred, as the District has fully complied with its obligations under Chapter 22 to provide copies of responsive records.
By the IPIB Executive Director
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Erika Eckley, J.D.
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
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Monica McHugh