25FC:0138 Carlton Beers v. the City of Pisgah - Investigative Report and Probable Cause Order

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 25, 2025, Carlton Beers (“Complainant”) filed formal complaint 25FC:0138, alleging that the City of Pisgah (“Respondent”) violated Iowa Code Chapter 22.

The Iowa Public Information Board accepted this complaint at its meeting on November 20, 2025.

Facts

The initial complaint alleged unreasonable fees. Upon communication with Complainant and counsel for Respondent, IPIB was able to advise the parties how to calculate reasonable fees for the requested records. IPIB also recommended narrowing the scope of the request to reduce the number of records being produced and cost of production. On November 6, 2025, Complainant narrowed the timeframe for his request, but stated he may no longer need the records. IPIB made recommendations to Respondent regarding allowable fees under Chapter 22. In subsequent emails, IPIB continued to work with Respondent on its fee policies but Complainant never responded as to whether he was willing to pay the updated fee estimate. IPIB staff emailed Complainant on January 23, 2026 and February 3, 2026, directly requesting Complainant respond as to their willingness to pay the fee estimate or respond to the Complaint, with a deadline of February 12, 2026. No response from Complainant has been received since November 6, 2025.

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 lawful custodian may charge a reasonable fee for the services of the lawful custodian or the custodian’s authorized designee in supervising the examination and copying of the records. If copy equipment is available at the office of the lawful custodian of any public records, the lawful custodian shall provide any person a reasonable number of copies of any public record in the custody of the office upon the payment of a fee. 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. However, a county recorder shall not charge a fee for the examination and copying of public records necessary to complete and file claims for benefits with the Iowa department of veterans affairs or the United States department of veterans affairs.” Iowa Code § 22.3(2).

“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, [] 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, IPIB does not have sufficient information to proceed with an investigation or make a determination regarding a violation.

Respondent provided a modified fee estimate after the Complainant narrowed their request. Complainant didn’t respond to the modified fee estimate, contest the matter or respond to IPIB staff’s communications. Due to abandonment by Complainant and insufficient evidence before IPIB that a violation of Iowa Code 22 occurred, this complaint should be dismissed for lack of probable cause to believe a violation has occurred.

IPIB Action

The Board may take the following actions upon receipt of an Investigative Report:

1. Redirect the matter for further investigation;

2. Dismiss the matter for lack of probable cause to believe a violation has occurred;

3. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

4. 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

Because the county completed the public records request and is not required to create records that do not exist, no violation of Chapter 22 has occurred, 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 February 13, 2026, to:

Carlton Beers, Complainant

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 February 20, 2026, to:

Carlton Beers, Complainant

City of Pisgah, Respondent