25FC:0208/25FC:0209 William Hendrickson vs. Cerro Gordo Sheriff's Department and Jail - 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 2, 2025, William Hendrikson (“Complainant”) filed formal complaints 25FC:0208 & 25FC:0209, alleging the Cerro Gordo County Sheriff’s Department / Jail (“Respondent”) violated Iowa Code Chapter 22.

The Iowa Public Information Board accepted these complaints at its meeting on January 15, 2026.

These two complaints were combined because all requests submitted to the Respondent entities were identical, submitted on the same communications which cc’d multiple individual employees, and were responded to as one request by legal counsel for the County.

Facts

On April 14, 2025, Mr. Hendrikson submitted an email request to the Cerro Gordo sheriff for public records. The county attorney responded on behalf of Respondent on April 22, 2025:

“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.”

No further response was received from Complainant until November 20, 2025 when he sent another request with some of the same information from his April 14th request, but including additional new record requests. On December 2, 2025, Respondent’s attorney confirmed receipt the request and provided an expected timeline.

On December 3, 2025, Complainant submitted another records request with additional, new requests. On December 3, 2025, Respondent’s counsel answered the two requests.

For each requested item, Respondent either asserted confidentiality, stated the records did not exist, requested clarification, or notified Complainant that the information was being collected. Specifically, they explained that video footage is destroyed after four months, so was not available anymore. They also specifically asserted confidentiality of the internal investigation into allegations of assault based upon 22.7(5), 22.7(11), and 80F.1. On December 15, 2025, Respondent provided records for two of the requested categories.

On December 22, 2025, Complainant submitted another request. On December 23, 2025, Respondent acknowledged the request and provided an expected timeline. On January 28, 2026, Respondent provided the policies requested on December 23rd.

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).

“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 following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information:…(5) Peace officers’ investigative reports, privileged records or information specified in section 80G.2, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere in this Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential under this section, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and telephone billing records may only be kept confidential under this subsection if the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired.” Iowa Code 22.7(5).

Analysis

The allegations in this complaint from April occurred hundreds of days before the filing of this complaint. Any alleged violation should have been discovered with any reasonable diligence earlier than the filing of this complaint. 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 over violations alleged to have occurred in April 2025, those alleged violations must be dismissed for lack of jurisdiction. 

As to whether a violation occurred in November or December, the Respondent provided an affidavit that verified the records identified to the Complainant for withholding were proper under 80F and 22.7(5). IPIB is unable to interpret 80F; however, the affidavit provided by Respondent swore that an internal investigation occurred that required confidentiality under 80F. No evidence was provided to the contrary.

In regards to the Respondent’s delay, all evidence of communications provided to IPIB for the time period within the agency’s jurisdiction show that Respondent repeatedly responded promptly to new and voluminous requests.

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 jurisdictional requirement for review and IPIB has no jurisdiction over those matters, and all responses within the 60-day deadline complied with Chapter 22, 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 May 15, 2026, to:

William Hendrikson, Complainant

Cerro Gordo County Sheriff’s Department / Jail, 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:

William Hendrikson, Complainant

Cerro Gordo County Sheriff’s Department, Respondent