25FC:0076 Charlie Comfort v. Oskaloosa Community School District & 25FC:0089 Ken Allsup v. Oskaloosa Community School District - Informal Resolution Report

Iowa Public Information Board

On June 17, 2025, Ken Allsup (“Allsup”) filed formal complaint 25FC:0076, alleging that the Oskaloosa Community School District (“Respondent”) violated Iowa Code Chapter 22.

On July 8, 2025, Charlie Comfort (“Comfort”) filed formal complaint 25FC:0089, alleging that the Oskaloosa Community School District (“Respondent”) violated Iowa Code Chapter 22.

The IPIB accepted 25FC:0076 at its meeting on July 17, 2025 and 25FC:0089 at its meeting on July 17, 2025.

Facts

Complainants alleged that Respondent declined to substantially comply with Chapter 22 when responding to their public records requests. 

Law

“Every 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. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record. All rights under this section are in addition to the right to obtain a certified copy of a public record under section 622.46.” Iowa Code 22.2(1). 

Analysis

The parties both expressed a desire to remedy the notice error through an informal agreement. 

Pursuant to Iowa Code §23.9, the parties negotiated and reached an informal resolution.

The parties agreed to the following terms:

Pursuant to Iowa Code § 23.9, IPIB presents the following terms for an informal resolution of this matter:

1. The District, as a governmental body, did due diligence and substantially complied with the requirements of Chapter 22. 
2. The District reasonably relied on legal counsel when determining which documents to release, redact or withhold.
3. The parties agree to submit to the Iowa Public Information Board the determination of whether three individual board members withheld records in their individual capacity as school board members in violation of Chapter 22. 
4. The parties agree that the District will work with IPIB staff to review withheld records and produce any individual records determined to be public (with redactions if appropriate).
5. A District staff or board member with personal knowledge of the process undertaken to search personal devices provide an affidavit outlining the process undertaken in response to the records requests at issue, and specifically the approach to retrieving public records off of personal devices. This affidavit would be provided to the public to provide greater transparency about the District's response in this case.
6. The District will review current policies addressing how and where public records of the school board are maintained, searched, and retrieved in response to public records requests. Parties agree that the District will include language in the policy requiring use official government email or devices when conducting official government business. A copy of the updated policy will be provided to IPIB for review and feedback. 
7. Five school board members completed Chapter 22 training on November 19, 2025. Any remaining board members that have not taken Chapter 22 training will complete the training within 60 days of the date of approval of this Informal Resolution by the Iowa Public Information Board.
8. The signed Informal Resolution will be formally reviewed at a meeting of the school board. The terms will be approved if necessary and read into the record. Minutes verifying this action will be provided to IPIB.
9. The terms of the Informal Resolution will be completed within 60 days of the date of approval of this Informal Resolution by all parties. Upon a showing of proof of compliance, the IPIB will dismiss this complaint as successfully resolved.

Complainants approved the informal resolution terms on May 7, 2026.

Respondent approved the terms of the informal resolution on May 26, 2026 at a school board meeting.

The IPIB staff recommend the IPIB approve the Informal Resolution Report.

By the IPIB Deputy Director

_________________________________

Charissa Flege

CERTIFICATE OF MAILING

This document was sent on June 2, 2026, to:

Charlie Comfort and Ken Allsup, Complainants

Oskaloosa Community School District, Respondent