The Iowa Public Information Board
COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On March 12, 2026, Benjamin Ward (Complainant) filed formal complaint 26FC:0073, alleging that the City of Des Moines (Respondent) violated Iowa Code Chapter 22.
The Iowa Public Information Board accepted this complaint at its meeting on April 16, 2026.
Facts
Complainant alleged that he submitted a records request on February 12, 2026 through the Fort Des Moines Correctional Facility facility kiosk. According to the Complainant, he requested “Security camera footage (video and audio) from outside Officer Beau Murray’s office, the Building 68 Library, and the Front Desk” and “Facility communication logs, including emails and call logs between Officer Murray and "UCS" or other treatment providers regarding my person.” Requests were submitted through the facility kiosk designated for inmate use.
Complainant alleged he didn’t receive an acknowledgement of his request or responsive records. On March 12, 2026, he filed this complaint. Complainant also alleged that the requirement that inmates only use the kiosk to submit public records requests violates Chapter 22. During the course of the investigation, the Complainant also requested the “behavioral contract and the discharge summary status report” be provided by the Department of Corrections.
In responding to this Complaint, the Respondent reviewed all correspondence directed at the Iowa Department of Correction Custodian of Records and no requests from Complainant were found. They also asserted that now they were aware of the request, all requests for security footage from inside the facility would not be provided as they are confidential under Iowa Code 904.602(10).
During the course of the investigation, Respondent submitted several objections regarding his treatment by his probation officer, other Fort Des Moines staff, and disciplinary decisions. These concerns are outside of IPIB’s jurisdiction of Chapter 21 and 22 and cannot be reviewed by the agency.
Applicable 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).
“The rights of persons under this chapter may be exercised under any of the following circumstances: 1. In person, at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at least thirty hours per week, such right may be exercised at any time from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday through Friday, excluding legal holidays, unless the person exercising such right and the lawful custodian agree on a different time. 2. In writing, by telephone, or by electronic means. The lawful custodian of the records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information.” Iowa Code 22.4.
Analysis
Complainant alleges that Respondent’s efforts to identify responsive records was deficient under Chapter 22 and also that records were improperly withheld. In the case of the Department of Corrections, their website provides for a portal, but also lists the Public Records Request Coordinator’s contact information. It’s unclear how the Complainant attempted to submit his records requests, but according to his own statement, it appears he was provided direction on how to reach the website on April 1, 2026 by DOC staff.
IPIB was not provided any evidence that a properly submitted request was received and ignored by the Respondent. A governmental body cannot be deficient in responding to a request that was not submitted to the records custodian. Respondent has searched communications with the records custodian and was unable to locate the request the Complainant says he submitted. Therefore, there is no violation of Chapter 22’s obligation to identify and produce public records.
To the extent that the governmental body was not previously aware of Complainant’s request, that is no longer the case. The request should be directed to the proper custodian to respond to the request in accordance with the agency’s regular procedures.
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
Because the records request was not received by the Department of Corrections records custodian, there is insufficient evidence to find probable cause that a violation of Chapter 22 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 14, 2026, to:
Benjamin Ward, Complainant
Department of Corrections, 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:
Benjamin Ward, Complainant
Iowa Department of Corrections, Respondent
Areas Served
- Statewide