Topics:

Formal Complaints

Iowa Public Information Board

In re the Matter of:

Jacob Hall, Complainant

And Concerning:

City of Storm Lake, Respondent

 

Case Number: 25FC:0167

 

Informal Resolution Report

 

On September 16, 2025, Jacob Hall (“Complainant”) filed formal complaint 25FC:0167, alleging that the City of Storm Lake (“Respondent”) violated Iowa Code Chapter 21.

The IPIB accepted this complaint at its meeting on November 20, 2025.

Facts

Complainant alleged that in July 2025, the mayor spoked with council members individually to get consent regarding changing the terms of a service for the city. A separate allegation was made that an unnoticed meeting occurred when a majority of council members discussed policy within their decision-making duties via group messages.

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).

Analysis

The parties both expressed a desire to remedy the notice error through an informal agreement.

Pursuant to Iowa Code §23.9, the parties negotiated and reached an informal resolution.

The parties agreed to the following terms:

  1. The City acknowledges that IPIB has recommended that they revise the current public records fee policy to be in compliance with Chapter 22.
  2. The City acknowledges the original fee estimate needs to be revised to be in compliance with Chapter 22.
  3. In accordance with IPIB guidance, the City will revise its fee estimate for the current request using the City Clerk’s salary to search the requested six employee email accounts.
  4. The City agrees to update its public records policy to reflect current Chapter 22 requirements.
  5. The City will provide the updated fee policy to IPIB for feedback and approval.
  6. The revised public records policy will be approved by the city council and a copy of the minutes documenting the approval will be provided to IPIB.
  7. The legal counsel for the City will provide a training session for council members and designated city staff covering the requirements of Chapter 22.
  8. The signed Informal Resolution will be formally approved at a meeting of the governing body. A summary of the Informal Resolution will be read during the meeting.
  9. A copy of the minutes detailing the Informal Resolution’s approval will be provided to IPIB.

Complainant approved the informal resolution terms on April 2, 2026.

Respondent approved the terms of the informal resolution on April 6, 2026 at a city council meeting.

The IPIB staff recommend the IPIB approve the Informal Resolution Report.

By the IPIB Deputy Director

_________________________________

Charissa Flege

CERTIFICATE OF MAILING

This document was sent on April 14, 2026, to:

Jacob Hall, Complainant

City of Storm Lake, Respondent