25FC:0200 John Doe vs. Keokuk Police Department - Investigative Report & 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 December 8, 2025, John Doe (“Complainant”) filed formal complaint 25FC:0200, alleging that the Keokuk Police Department (“Respondent”) violated Iowa Code Chapter 22.

The IPIB accepted this Complaint on January 15, 2026.

Facts

Complainant submitted a public records request for a digital copy of the police department policies. Respondent provided a fee estimate of $47. To attempt to reduce the cost of the request, Complainant then modified his request to view the policies in person, which resulted in a higher fee estimate. Complainant submitted a complaint to contest Respondent’s fee policy.

On March 18, 2026, in response to the investigation, IPIB staff recommended an informal resolution through which Respondent would make recommended changes to their policy. On March 25th, the Complainant requested the policy table of contents so he could better narrow his request. On March 25th, IPIB staff responded to the parties supporting the suggestion of providing the table of contents as a starting place. On March 27, 2026, Respondent provided their response to the informal resolution terms. By that date, Respondent had updated their fee policy and provided a copy to IPIB in the same email.

IPIB staff followed up with the Complainant on March 30th, April 15th, and April 29th. Despite giving the Complainant a deadline for the end of April to respond to the proposed terms and two follow up reminders, IPIB staff have received no further communications from Complainant.

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. 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).

“The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian’s authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means. Although fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of reasonable expenses, the lawful custodian shall make every reasonable effort to provide the public record requested at no cost other than copying costs for a record which takes less than thirty minutes to produce. In the event expenses are necessary, such expenses shall be reasonable and communicated to the requester upon receipt of the request. A person may contest the reasonableness of the custodian's expenses as provided for in this chapter…” Iowa Code § 22.3(1).

Analysis

Although the complaint was accepted for investigation and IPIB staff made recommendations for informal resolution, no agreement was able to be reached due to the Complainant’s lack of participation. Complainant has constructively abandoned the complaint. Nevertheless, Respondent made every change recommended by IPIB staff.  Therefore, any dispute regarding reasonable fees has been abandoned by Complainant and any concerns IPIB staff had have been resolved by the mitigating efforts of Respondent.

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

Because the Complainant has abandoned the complaint and all concerns of IPIB staff were resolved by the mitigating actions taken by Respondent, it is recommended that the Board dismiss the matter for lack of probable cause to find a violation occurred.

By the IPIB Deputy Director,

_________________________

Charissa Flege, J.D.

CERTIFICATE OF MAILING

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

John Doe, Complainant

Keokuk Police Department, 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 May 22, 2026, to:

John Doe, Complainant

Keokuk Police Department, Respondent