The Iowa Public Information Board
In re the Matter of:
Heather Nejedly, Complainant
And Concerning:
City of Pisgah, Respondent |
Case Number: 25FC:0172
Dismissal Order |
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COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On November 2, 2025, Heather Nejedly filed formal complaint 25FC:0072, alleging a City of Pisgah council member violated Iowa Code Chapter 22.
Facts
The Complainant alleges that on October 10, 2025, a city council member publicly posted information found within a city hall employee personnel file on a Facebook group. The Complainant alleges that the public posting of the information is a violation of Chapter 22.
Applicable Law
“Once a party seeking judicial enforcement of this chapter demonstrates to the court that the defendant is subject to the requirements of this chapter, that the records in question are government records, and that the defendant refused to make those government records available for examination and copying by the plaintiff, the burden of going forward shall be on the defendant to demonstrate compliance with the requirements of this chapter.” Iowa Code § 22.10(2).
Analysis
The complaint asks this Board to find that a violation of Chapter 22 occurred and engage in an enforcement action to correct an improper disclosure of a public record.
Chapter 22 only delegates enforcement power to this Board when 1) “the defendant is subject to the requirements of this chapter, [] the records in question are government records, and []the defendant refused to make those government records available for the examination and copying by the plaintiff…” Iowa Code § 22.10(2) In this case, the Board is aware that the individual posting the information publicly may be subject to Chapter 22 requirements. Additionally, the records of government employees are also likely government records within the meaning of Chapter 22. However, there is no allegation that a covered entity failed to produce a public record as required by Chapter 22. Therefore, the subject matter alleged here is outside the Board’s jurisdiction. IPIB has no authority to enforce other areas of the law that may govern unlawful or improper disclosure of confidential information.
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.
Chapter 22 does not confer enforcement authority to the IPIB to address alleged violations confidentiality laws. IPIB’s enforcement authority under Chapter 22 is limited to circumstances in which a public record was not lawfully produced to a member of the public.
IT IS SO ORDERED: Formal complaint 25FC:0172 is dismissed as outside IPIB’s jurisdiction and legally insufficient 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 June 19, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
Charlotte Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on November 13, 2025, to:
Heather Nejedly, Complainant