The Iowa Public Information Board
In re the Matter of: Jack Elder, Complainant And Concerning: City of Lake City, Respondent |
Case Number: 25FC:0123 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 August 28, 2025, Jack Elder filed formal complaint 25FC:0123, alleging Lake City violated Iowa Code Chapter 22.
Facts
In the initial complaint to IPIB, the complainant alleged that Lake City refused to provide records of property transfers in violation of Chapter 22. IPIB staff attempted to reach the complainant for additional details on October 5 and 15, 2025 and received no response. On October 28, the complainant emailed the general inbox asking for an explanation as to why he hadn’t heard from IPIB. A staff member responded to the inquiry in the general inbox on October 29 and resent all prior communications. IPIB staff received one response on October 30th restating that he hadn’t received prior communications. It did not include any of the information staff had requested. IPIB staff attempted to communicate with the complainant on November 3rd and finally on November 20th. IPIB has received no additional communication from the complainant or additional information to proceed with an investigation.
Applicable Law
“Upon receipt of a complaint alleging a violation of chapter 21 or 22, the [Iowa Public Information Board] shall do either of the following:
1. Determine that, on its face, the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit. In such a case the board shall accept the complaint, and shall notify the parties of that fact in writing.
2. Determine that, on its face, the complaint is outside its jurisdiction, is legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court.” Iowa Code § 23.8.
Analysis
Chapter 22 only delegates enforcement power to this Board when 1) “the defendant is subject to the requirements of this chapter, 2) the records in question are government records, and 3) 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, IPIB does not have sufficient information to proceed with an investigation or make a determination regarding a violation.
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. Due to abandonment by the complainant and insufficient evidence before IPIB, it is found that this complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 25FC:0123 is dismissed as legally insufficient for IPIB to proceed with an investigation 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 December 18, 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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Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent via email on December 11, 2025, to:
Jack Elder, Complainant