25FC:0207 William Hendrikson v. Cerro Gordo County Attorney’s Office - 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 December 2, 2025, William Hendrikson (“Complainant”) filed formal complaint 25FC:0207, alleging the Cerro Gordo County Attorney’s Office (“Respondent”) violated Iowa Code Chapter 22.

The Iowa Public Information Board accepted this complaint at its meeting on January 15, 2026.

Facts

On April 14, 2025, Mr. Hendrikson submitted an email request to the Cerro Gordo sheriff for public records, cc’ing the Respondent. At the time, the county attorney was advising the sheriff’s office as to their legal obligations under Chapter 22. Because of that, the county attorney responded to the request on April 22, 2025 on behalf of the sheriff’s office with the following statement:

“I have received your public records request sent to Sheriff Hepperly. Your allegations go back several years and include multiple incarcerations. The sheriff’s office is in the process of gathering media and documents related to your incarcerations. They will not destroy any relevant information applicable to your allegations currently in their system. Based on the nature of your statements and other law enforcement agencies being involved, Sheriff Hepperly has decided to open an investigation. All reports and information contained in his file that are part of his investigation are confidential records under Iowa Code 22.7(5). You already have the date, time, specific location and the immediate facts and circumstances surrounding the incident.  At this time, the documents requested will not be provided. Thank you for your attention to this matter.”

Subsequent to that communication, the sheriff’s office retained outside counsel to assist in their response to further public records requests. Respondent was not the custodian of the records and was not involved as legal counsel on this matter after his initial response on April 22, 2025. This complaint was filed on December 2, 2025, 224 days after the county attorney responded to the request.

Applicable Law

“The complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence. All complaints filed with the board shall be public records.” Iowa Code § 23.7(1).

Analysis

The allegations in this complaint occurred 224 days before filing. Any alleged violation should have been discovered with any reasonable diligence in fewer than 224 days after the response from the Respondent. IPIB’s jurisdiction to review complaints does not exceed violations outside of those occurring within sixty days from when the issue could be discovered with reasonable diligence. Iowa Code § 23.7(1).

Because IPIB has no subject matter jurisdiction, 25FC:0207 must be dismissed for lack of jurisdiction. “Subject matter jurisdiction is conferred by constitutional or statutory power. The parties themselves cannot confer subject matter jurisdiction on a court by an act or procedure. Unlike personal jurisdiction, a party cannot waive or vest by consent subject matter jurisdiction.  Lack of subject matter can be raised ‘at any time.’” Klinge v. Bentien, 725 N.W.2d 13, 15–16 (Iowa 2006) (citations omitted). For these reasons, there is insufficient evidence of probable cause of a violation of Chapter 22 by the 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 complaint was filed far outside the 60-day requirement for review and IPIB has no jurisdiction over 25FC:0207, it is recommended the Board dismiss the matter 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 March 13, 2026, to:

William Hendrikson, Complainant

Cerro Gordo County Attorney’s Office, 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 March 24, 2026, to:

William Hendrikson, Complainant

Cerro Gordo County Attorney’s Office, Respondent