The Iowa Public Information Board
In re the Matter of: Michael Benson, Complainant And Concerning: Respondent of Moville, Respondent |
Case Number: 25FC:0160 Investigative Report
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COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (“IPIB”), and enters this Investigative Report:
On October 21, 2025, Michael Benson (“Complainant”) filed formal complaint 25FC:0160, alleging that the City of Moville (“Respondent”) violated Iowa Code Chapter 22.
The Iowa Public Information Board accepted this complaint October 30, 2025.
Facts
On October 17, 2025, Complainant verbally requested records, copies of an officer’s sticky notes, at City Hall and did not provide a written open records request. Respondent requested Complainant submit the request in writing, to better understand the nature of the request. Complainant did not submit a records request in writing in person nor by email and did not submit over the by phone.
Respondent later confirmed that the requested records, the sticky notes, did not exist.
On November 5, 2025 at Respondent Council Meeting, Complainant verbally stated to the council his desire to have certain records pertaining to the former police chief. At that meeting, it was explained to Complainant the Respondent’s policy on how to properly make a records request. The Mayor even offered to assist Complainant in filling out the written request form and offered to assist Complainant filling out the written record request form. Complainant never contacted the Mayor for assistance.
On December 11, 2025, IPIB opened the complaint.
On December 18, 2025, Respondent provided that the Complainant frequents the window at Respondent Hall and verbally requests a Respondent Clerk to write down a public request for Complainant. The Respondent has explained to Complainant on different occasions that a public records request needs to be specific.
Respondent further provided that it does provide open records request papers in the open part of the City Hall which Complainant may pick up and fill out at a public request form at any time. Respondent maintains that once the written request is received, it can then be forwarded to the lawful custodian to respond to the records request.
On March 11, 2026, IPIB staff spoke with Respondent’s counsel who asserted a willingness to provide the Complainant upon clarification of the public records request.
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.” Iowa Code § 22.2(1).
“The rights of persons under this chapter may be exercised under any of the following circumstances:
1. In person, at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at least thirty hours per week, such right may be exercised at any time from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday through Friday, excluding legal holidays, unless the person exercising such right and the lawful custodian agree on a different time.
2. In writing, by telephone, or by electronic means. The lawful custodian of records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information.” Iowa Code § 22.4.
Analysis
Complainant alleges a violation of Iowa Code Chapter 22 based on the refusal to accept a verbal public records request. Respondent requested Complainant make his request in one of the following manners: in person, writing, emailed, or called in. The question is whether Respondent is able to hinder access to public records by restricting the method in which a public record may be requested. Iowa Code section 22.2, subsection 1, provides that “person shall have the right to examine and copy a public record.” As recommended by IPIB in a FAQ: “Can a government body impose other limitations on how requests are submitted?” on the IPIB website, Iowa Code “Chapter 22 does not allow government bodies to require that individuals make records requests though one communication method versus another, but it does permit reasonable conditions, so long as these do not prevent requesters from exercising their rights.” The FAQ further provides examples of such reasonable conditions, including “for security reasons, require a request received over email to be stated in the body of the email itself, rather than in a downloadable attachment or link.”
Furthermore, Iowa Code § 22.4(1) provides for in-person verbal requests for public records, if made “during the customary office hours of the lawful custodian of the records.” However, the public’s rights under Chapter 22 only apply to public records as defined by Iowa Code § 22.1(3), rather than general requests for information. Respondent contends that it is willing and ready to comply with the Complainants public records request once Complainant specifies what he is requesting. On many occasions, Respondent has attempted to help and clarify Complainant’s record request to no avail. Due to 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:
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
Because the Respondent has been willing to accept the Complainant’s public records request and is required under Iowa Code Chapter 22 to accept in person requests, at any time during normal office hours of the lawful custodian of the records, it is recommended the Board dismiss for a lack of probable cause to believe a violation has occurred.
By the IPIB Executive Director,
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Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on March 13, 2026, to:
Michael Benson, Complainant
City of Moville, Respondent
The Iowa Public Information Board
In re the Matter of: Michael Benson, Complainant And Concerning: City of Moville, Respondent |
Case Number: 25FC:0160 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 March 25, 2026, to:
Michael Benson, Complainant
City of Moville, Respondent