The Iowa Public Information Board
COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (“IPIB”), and enters this Investigative Report:
On September 22, 2025, Alicia Beers (“Complainant”) filed formal complaint 25FC:0136, alleging that the City of Pisgah (“Respondent”) violated Iowa Code Chapter 22.
The Iowa Public Information Board accepted this complaint at its meeting on October 16, 2025.
Facts
This complaint stems from a series of difficult interactions between members of the Pisgah city council. Complainant made several public records requests in the summer of 2025. Respondent believed they had complied with production. As relationships broke down further, Respondent directed all communications and requests through their legal counsel. This complaint alleged a public records request had been submitted on August 19, 2025 and that it hadn’t been responded to. The content of the IPIB complaint stated:
“When was Heather sworn into office as the clerk? What meeting and date was that? I want all receipts for the credit cards for the town, and what the products went to fix in the town that were purchased! Also, I want a receipt from the health insurance that shows the breakdown of what the town is paying for every month on Todd, since it is on his wife's insurance plan. Also, why are Todd's paychecks never on the monthly bill statement?”
Records provided to IPIB showed that the city attorney had responded to the Complainant’s communications twice just on the date of August 19th alone. In that communication, the attorney attached some records and sought clarification of which other records were being requested. Complainant responded with the following email:
“I only need two: one permit for my garage to be built, and my chickens that the mayor's niece hatched out for me 2 years ago. Everything in my yard, including my decks, is portable. Then we have Scott, who has been harassing his neighbors about extending their handicap ramp on their deck. They called me and City Hall about it. I would appreciate it if you could tell them the law again for the council NOT being the ones to approve permits. Scott needs to cease & desist. Then this lady goes to City Hall, and Heather tells her to fill out a paper to be put on the agenda, and it won't be until next month that she can talk ..... then proceeds to tell this gal that the council voted on this. Which is a lie as well. We were told at the last meeting that we are done talking about the things that have been discussed in the last several meetings. We are being silenced because we have the proof to show that Todd has not been upfront with his pay and hours with the town, and defamed me to save face.... Also, they have not made a retraction for all the mistakes and defamatory remarks they made about me and my family. Heather is also telling people what a terrible person I am and how I am making Todd out to be the bad guy when they go into City Hall. She needs to stop!!! I don't know how many chances I need to give them to make a good decision on how they talk about me and treat me. That is against the ethics code we just passed last month. **** When was Heather sworn into office as the clerk? What meeting and date was that? ****** I want all receipts for the credit cards for the town, and what the products went to fix in the town that were purchased! Also, I want a receipt from the health insurance that shows the breakdown of what the town is paying for every month on Todd, since it is on his wife's insurance plan. Also, why are Todd's paychecks never on the monthly bill statement?
I think that's it!
Just trying to be more prepared for the meeting!
Thank you for getting me that paperwork.
Upon IPIB’s staff involvement, the agency attempted to clarify the request being made and mediate communications between the parties. Upon IPIB’s involvement, we assisted by clarifying that Chapter 22 is limited to record requests, not information requests. IPIB staff also clarified the exact scope of what records the Complainant was seeking, which ultimately ended up being narrowed to the following: “Hi there, I want copies of all checks for payroll, for all employees of Pisgah, for the past 11 months.” IPIB staff then worked with the Respondent on how to calculate fees and allocated city staff time to production of public records based on the city’s very limited staff and resources.
In April 2026, the Complainant paid the fee and collected the records from the Respondent. When collecting the first batch of records, the Complainant stated she wanted copies of the checks and not the electronic payment records she had been provided. The Respondent promptly provided all check copies they could find for the requested time period without any additional fees.
Complainant has maintained there should have been additional records; however, IPIB reviewed the produced records and they appeared on their face to be complete and responsive to the requested information. Respondent maintains no records were withheld.
Applicable 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).
“All reasonable expenses of the examination and copying shall be paid by the person desiring to examine or copy….The fee for the copying service as determined by the lawful custodian shall not exceed the actual cost of providing the service. Actual costs shall include only those reasonable expenses directly attributable to supervising the examination of and making and providing copies of public records. Actual costs shall not include charges for ordinary expenses or costs such as employment benefits, depreciation, maintenance, electricity, or insurance associated with the administration of the office of the lawful custodian. Costs for legal services should only be utilized for the redaction or review of legally protected confidential information.” Iowa Code 22.3(2).
“…Although fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of reasonable expenses, the lawful custodian shall make every reasonable effort to provide the public record requested at no cost other than copying costs for a record which takes less than thirty minutes to produce. In the event expenses are necessary, such expenses shall be reasonable and communicated to the requester upon receipt of the request. A person may contest the reasonableness of the custodian's expenses as provided for in this chapter….” Iowa Code 22.3(1).
Analysis
IPIB staff were not provided any evidence that the Respondent engaged in a deliberate delay or withholding of records. Based upon the communications provided herein and many other similar exchanges, IPIB staff feel strongly that the challenges of successful production of the desired records was due to misunderstanding from communication difficulties between the parties – not an unlawful withholding of records.
While Complainant felt sure that additional records should exist, that is not a violation of Chapter 22. Public records production often leads the public to realize that some kinds of records are not being generated or retained. A governmental body’s failure to create or retain a particular kind of record is not a violation of Chapter 22. No evidence was provided that responsive records were withheld from the Complainant.
The fee charged by the Respondent was reasonable under the circumstances. The Complainant agreed to the fee and paid the fee. Respondent provided the records within a couple weeks of receiving the payment.
IPIB Action
The Board may take the following actions upon receipt of an Investigative Report:
Redirect the matter for further investigation;
Dismiss the matter for lack of probable cause to believe a violation has occurred;
Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
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
Therefore, because Respondent’s fee estimate was reasonable and all responsive records to the request were provided, the Respondent has substantially complied with Chapter 22’s requirements, and it is recommended the Board dismiss for a lack of probable cause.
By the IPIB Deputy Director,
_________________________
Charisa Flege, J.D.
CERTIFICATE OF MAILING
This document was sent on May 14, 2026, to:
Alicia Beers, Complainants
City of Pisgah, Respondent
The Iowa Public Information Board
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
___________________________________
Catherine Lucas
CERTIFICATE OF MAILING
This document was sent on May 22, 2026, to:
Alicia Beers, Complainant
City of Pisgah, Respondent
Areas Served
- Harrison