The Iowa Public Information Board
COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On January 29, 2026, Gregory Armstrong (“Complainant”) filed formal complaint 26FC:0034, alleging that the City of Hamburg (“Respondent”) violated Iowa Code Chapter 21.
The IPIB accepted this Complaint on February 19, 2026.
Facts
On January 14, 2026, the city council conducted an open meeting. The agenda listed a possible closed session under Iowa Code § 21.5(1)(i). Complainant alleged that Respondent actually improperly entered a closed session to discuss sale of a property.
In the course of IPIB’s investigation, Respondent provided copies of the approved meeting minutes which indicated that the posted agenda notice did include a possible closed session citing Iowa Code § 21.5(1)(i) to “discuss an employee salary”; however, during the course of the open meeting, the council discussed whether a salary discussion that didn’t involve performance issues should be held in open session. In the end, no one voted to enter a closed session. According to the city council meeting minutes, all discussion related to the employee salary was held in open session.
Applicable Law
“Meetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.” Iowa Code § 21.3.
Analysis
Respondent provided public notice in compliance with Chapter 21 for their public meeting on January 14th. Although the agenda listed a possible closed session, Respondent provided IPIB with the meeting minutes from January 14, 2026 showing that no closed session was entered during the January 14th meeting. Respondent provided proper notice and public access to the salary discussion. Therefore, Respondent has met the requirements of Chapter 21.
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 Respondent did not enter a closed session in violation of Chapter 21, 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:
Gregory Armstrong, Complainant
City of Hamburg, 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:
Gregory Armstrong, Complainant
City of Hamburg, Respondent
Areas Served
- Fremont