Topics:

Formal Complaints

Iowa Public Information Board

In re the Matter of:

Jacob Hall, Complainant

And Concerning:

City of Sioux Center, Respondent

 

Case Number: 26FC:0003

 

Informal Resolution Report

On January 2, 2026, Jacob Hall (“Complainant”) filed formal complaint 26FC:0003, alleging that the City of Sioux Center (“Respondent”) violated Iowa Code Chapter 22.

The IPIB accepted this complaint at its meeting on February 19, 2025.

Facts

Complainant alleged that Respondent declined to fulfill public records request unless he used a specific form, that some records were not produced, and he was charged unreasonable legal fees in violation of Chapter 22.

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 its public record policy needed to be updated. The updated policy has been provided to IPIB for feedback.
  2. The City agrees to update the public records request and fee schedule. It will provide a copy of the minutes documenting city council approval of the updated documents.
  3. The City agrees to refund $175 of the previously paid fee of $178.
  4. The City Clerk will attend a training session covering the requirements of Chapter 22.
  5. The parties agree that the records requested and required information has been provided and produced.
  6. Once this agreement is approved, the City will provide a copy of the city council’s  approval to IPIB.

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

Respondent approved the terms of the informal resolution on April 20, 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 May 14, 2026, to:

Jacob Hall, Complainant

City of Sioux Center, Respondent

 

Areas Served

  • Sioux