25FC:0161 Melissa Smith v. City of Hamburg - 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 October 21, 2025, Melissa Smith filed formal complaint 25FC:0161, alleging the city of Hamburg violated Iowa Code Chapter 21. The Iowa Public Information Board accepted this complaint at its meeting on November 20, 2025.

Facts

In the initial complaint to IPIB, Ms. Smith alleged that a city council meeting for Hamburg occurred on October 6, 2025 without proper notice. The complaint stated that individual council members were contacted separately to provide notice of a special meeting, but not all council members were contacted and the agenda was not posted properly twenty-four hours in advance. Ms. Smith also alleged that the minutes were not properly posted.

IPIB staff emailed both parties on November 7th asking for their response to the complaint and any additional information or evidence they would like IPIB to consider. Neither party responded. On November 21, 2025, IPIB staff emailed both parties asking that they respond within two weeks and notifying them that failure to respond would either mean the investigation would move forward with only one party’s information or result in closure for abandonment. Hamburg’s clerk responded on December 8, 2025 stating she would notify the mayor of the complaint. On December 15, the clerk relayed that the complaint had been considered at the city council meeting and in response to the concerns raised, the city had updated its policies to address notice to council members and the public to ensure compliance with Chapter 21. The city did not admit a violation. Updated polices were provided to IPIB for approval through another complaint investigation filed against Hamburg.

No response or additional information has been received from Ms. Smith since the initial complaint was filed.

Applicable Law

“Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.

Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.” Iowa Code § 21.4(1)(a)-(b).

“Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.” Iowa Code § 21.4(2)(a).

“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

IPIB only has the information provided in the initial complaint from Ms. Smith and the response from the city’s clerk. In the initial complaint, Ms. Smith did not provide information about when she believed the improper notice was posted or where it was posted. The city also did not provide any information indicating a violation occurred, but pointed to its proactive steps to create agenda and notice policies that meet or exceed the requirements in Chapter 21. It appears there is insufficient evidence to meet the probable cause standard to find a violation of Chapter 21.

IPIB Action

The Board may take the following actions upon receipt of a probable cause report:

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.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

Without participation from the complainant, the evidence presented to IPIB is insufficient to find probable cause that a violation occurred. Because of this, it is recommended that the Board dismiss for lack of probable cause to believe a violation has occurred.

By the IPIB Deputy Director,

_________________________

Charissa Flege, J.D.

CERTIFICATE OF MAILING

This document was sent on January 9, 2026, to:

Melissa Smith, Complainant

City of Hamburg, 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 January 20, 2026, to:

Melissa Smith, Complainant

City of Hamburg, Respondent