The Iowa Public Information Board
In re the Matter of: Eulando Hayes, Complainant And Concerning: Black Hawk County Attorney, Respondent |
Case Number: 25FC:0141 Investigative Report
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COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On September 25, 2025, Eulando Hayes filed formal complaint 25FC:0141, alleging that the Black Hawk County Attorney’s Office violated Iowa Code Chapter 22.
The Iowa Public Information Board accepted this complaint at its meeting on November 20, 2025.
Facts
The circumstances of this complaint relate to a traffic citation issued by the Waterloo Police Department against Mr. Hayes.
On September 9, 2025, Mr. Hayes submitted a public records request to the Black Hawk County Attorney’s Office for records related to the stop and citation by the Waterloo Police Department. Specifically, he requested the details of the radar device used by the police department, calibration records, maintenance logs, certificates, manufacturer manuals, internal test results, distance measurements, radar training/certification records, and police officer continuing education records from the Black Hawk County Attorney’s office.
On September 17, Mr. Hayes received some of the requested records from the county attorney’s office before filing this complaint with the IPIB. On the same date he filed this complaint, Mr. Hayes also filed complaint against the Waterloo Police Department for failure to produce other records under Chapter 22.
Mr. Hayes also has a pending Motion for Discovery, that may address some of the same records; however, discovery disputes are beyond the scope of the Iowa Public Information Board and are not addressed here.
Additionally, a separate record request to the Waterloo Police Department and related complaint have also been filed by the complainant. Disposition of this complaint does not affect that investigation.
Applicable Law
“‘Lawful custodian’ means the government body currently in physical possession of the public record. The custodian of a public record in the physical possession of persons outside a government body is the government body owning that record. The records relating to the investment of public funds are the property of the public body responsible for the public funds. Each government body shall delegate to particular officials or employees of that government body the responsibility for implementing the requirements of this chapter and shall publicly announce the particular officials or employees to whom responsibility for implementing the requirements of this chapter has been delegated. “Lawful custodian” does not mean an automated data processing unit of a public body if the data processing unit holds the records solely as the agent of another public body, nor does it mean a unit which holds the records of other public bodies solely for storage.” Iowa Code 22.1(2).
Analysis
Mr. Hayes submitted records requests to both the police department and the county attorney for records belonging to the Waterloo Police Department. The question is whether the county attorney’s office has violated Chapter 22 by failing to produce the records at issue.
In a prior advisory opinion, IPIB distinguished between “access” to records and ownership of records by a lawful custodian. 21AO:0001, Possession in the Context of the Definition of Lawful Custodian. In that case, as in the matter presently before IPIB, a county attorney had access to records belonging to a police department due to the nature of the attorney’s responsibilities; however, that access did not confer ownership of the records merely because the attorney could access them to discharge official duties.
Similar to the facts presented to IPIB in 21AO:0001, the Black Hawk County Attorney’s Office has already produced the records over which the office has ownership. The county attorney has asserted that they are not the “lawful custodian” of the remaining records for purposes of Chapter 22. The type of records requested, such as police department equipment records and officer education are records that, if they exist, would ordinarily be generated and maintained by the police department, not the county attorney’s office.
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
It is recommended the Board dismiss for a lack of probable cause. Because the Respondent’s access to Waterloo Police Department records does not amount to ownership of the records, the request and any subsequent complaint should be directed to the proper lawful custodian and the complaint against the Black Hawk County Attorney’s office should be dismissed.
By the IPIB Deputy Director,
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Charisa Flege, J.D.
CERTIFICATE OF MAILING
This document was sent on January 9, 2026, to:
Eulando Hayes, Complainant
Black Hawk County Attorney’s Office, Respondent
The Iowa Public Information Board
In re the Matter of: Eulando Hayes, Complainant And Concerning: Black Hawk County Attorney, Respondent |
Case Number: 25FC:0141 Probable Cause Order
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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
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Catherine Lucas
CERTIFICATE OF MAILING
This document was sent on January 20, 2026, to:
Eulando Hayes, Complainant
Black Hawk County Attorney, Respondent