Date:
07/17/2025
Subject:
Matt Loffer/City of Marengo - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Matt Loffer, Complainant And Concerning: City of Marengo, Respondent |
Case Numbers: 25FC:0081 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On June 23, 2025, Matt Loffer filed formal complaint 25FC:0081, alleging that the City of Marengo (City) violated Iowa Code Chapter 22.
Facts
On May 14, 2025, the complainant, Matt Loffer, alleges the City of Marengo held a council meeting. According to the complaint, the City typically posts its meeting agendas and minutes to its official website, but the May 14 meeting minutes have not been uploaded, although the minutes for multiple subsequent meetings have been. Loffer also alleges that the minutes were never published to the local newspaper, The Hometown Current, nor were they made available through the Iowa Newspaper Association’s “Public Notices” bulletin.
A review of the City’s website shows that there was a meeting scheduled for May 14, with an agenda posted, though no corresponding minutes were available as of July 7, 2025.
Applicable Law
“Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.” Iowa Code § 21.3(2).
Analysis
Chapter 21 provides that governmental bodies are required to keep minutes of all meetings and that minutes are to be kept as public records subject to inspection by any member of the public. However, there is no publication requirement in Chapter 21, meaning that governmental bodies are not required to take affirmative steps under this chapter to disseminate minutes as public records if no request has been made for access. For this reason, even if all allegations in the complaint are assumed to be accurate for the purposes of facial review, there is no violation of Chapter 21 from the City’s failure to upload their minutes or publish them in the local newspaper, even if it is their normal practice to do so.
To the extent the City may have been subject to additional publication requirements under another section of the Iowa Code (e.g. Iowa Code § 372.13), any violation would be outside of IPIB’s statutory jurisdiction over Chapters 21 and 22. See Iowa Code § 23.6(4) (providing that IPIB has the power to “[r]eceive complaints alleging violations of chapter 21 or 22”).
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.
Because Chapter 21 does not contain publication requirements and because any publication requirements provided elsewhere in the Code would be outside IPIB’s statutory jurisdiction to enforce, the complaint is dismissed on facial review.
IT IS SO ORDERED: Formal complaint 25FC:0081 is dismissed as legally insufficient or outside IPIB’s jurisdiction 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 July 17, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Erika Eckley, J.D.