The Iowa Public Information Board
COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (“IPIB”), and enters this Investigative Report:
On February 16, 2026, Jacquelynn Zugg (“Complainant”) filed formal complaint 26FC:0049, alleging that City of Centerville (“Respondent”) violated Iowa Code Chapter 21.
The Iowa Public Information Board accepted this complaint at its meeting on March 19, 2026.
Facts
On February 16, 2026, Respondent’s city council met. In advance of this meeting, the Respondent posted a tentative agenda, which included an item described as: “Possible Closed Session Pursuant to Iowa Code Chapter Section 21.5, Subsection 1, Paragraph (a) ‘To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that governmental body’s possession or continued receipt of federal funds.”
The parties do not contest whether the proper subsection was referenced or whether Respondent properly entered the closed session. The sole dispute is whether the tentative agenda item was sufficient to reasonably apprise the public of what was to be discussed to meet the requirements of Chapter 21. Respondent asserts that requiring additional details would defeat the purpose of Iowa Code § 21.5(1.)
Applicable Law
“Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.” Iowa Code 21.4(1)(a).
“A governmental body may hold a closed session only by affirmative public vote of either two-thirds of the members of the body or all of the members present at the meeting. A governmental body may hold a closed session only to the extent a closed session is necessary for any of the following reasons: a. To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that governmental body’s possession or continued receipt of federal funds.” Iowa Code 21.5(1)(a).
“When a governmental body includes a closed session item on the tentative agenda, the notice shall include a brief statement of the purpose of the closed session… The brief statement of purpose does not require the governmental body to provide more information than what is required under subparagraphs (a) through (l) in Iowa Code section 21.5(1). Examples of notice deemed sufficient would be “closed session 21.5(1)(c) discuss litigation with counsel” or “closed session 21.5(1)(l)
discuss patient care quality or discuss marketing and pricing strategies.” Iowa Administrative Code 497-8.1(3).
Analysis
Complainant alleges that Respondent’s closed session notice was deficient under that law. However, Iowa Administrative Code 497-8.1(3) provides for the exact kind of description required by law. The examples provided in subsection (3) are similar to the one the Respondent provided in their tentative agenda. While governmental bodies are certainly allowed to provide additional information or details about closed session, nothing in Chapter 21 or Iowa Administrative Code 497-8.1(3) requires the kind of additional details requested by Complainant. For this reason, Respondent met their closed session notice requirements.
IPIB Action
The Board may take the following actions upon receipt of an Investigative Report:
Redirect the matter for further investigation;
Dismiss the matter for lack of probable cause to believe a violation has occurred;
Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
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
Therefore, because Respondent provided sufficient evidence they met all requirements for public notice of the closed session on February 16, 2026, no violation of Chapter 21’s requirement occurred, and it is recommended the Board dismiss for a lack of probable cause.
By the IPIB Deputy Director,
_________________________
Charisa Flege, J.D.
CERTIFICATE OF MAILING
This document was sent on May 16, 2026, to:
Jacquelynn Zugg, Complainant
City of Centerville, 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:
Jacquelynn Zugg, Complainant
City of Centerville, Respondent
Areas Served
- Appanoose