The Iowa Public Information Board
In re the Matter of: Lee Frank, Complainant And Concerning: Oelwein Community School District, Respondent |
Case Number: 25FC:0189 Dismissal Order
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COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On December 20, 2025, IPIB received in the mail Lee Frank formal complaint 25FC:0189, alleging that Oelwein Community School District (District) violated Iowa Code chapter 21.
Facts
In December, IPIB received two letters from Frank requesting information and investigation into the District meetings. The main purpose of both letters is inquiring the ability of a governmental body to conduct a meeting.
On February 12, 2026, IPIB mailed an answer to both letters to the Frank answering his questions specific questions.
Applicable Law
“The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.” Iowa Code Section 21.7
Analysis
Letter One from Frank requested a definition of what a public meeting was and asked for clarification on whether a government body could limit the speech of the people commenting. Frank included the December 8, 2025 meeting agenda with the letter. Letter Two asked more specific question about District using Robert’s Rules of Order to limit debate time. Frank included multiple meeting agendas, including agendas from August 18, 2025; September 15, 2025; October 13, 2025; and December 8, 2025. Frank provided that the public was unable to comment after agenda item 5 which states “Open Forum for District Residents who would like to speak to any item on the agenda”. The District allowed the public to address them regarding every action item.
Chapter 21 does not prevent a governmental body from making and enforcing rules for conduct at its meeting. Based upon the information provided to IPIB, it appears the District was merely doing just that.
The facts of this complaint do not support a legal conclusion that Iowa Code section 21.7 was violated.
Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 25FC:00189 is dismissed as it is legally insufficient pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on February 19, 2026. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on February 13, 2026, to:
Lee Frank, Complainant
Oelwein Community School District, Respondent