The Iowa Public Information Board
COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On March 19, 2026, Tony Jensen (Complainant) filed formal complaint 26FC:0078-1, alleging that the City of Mitchellville (Respondent) violated Iowa Code Chapter 21.
On March 13, 2026, Amber Turner (Complainant) filed formal complaint 26FC:0078-2, alleging that the City of Mitchellville (Respondent) violated Iowa Code Chapter 21.
The complaints were combined as the allegations dealt with the same set of facts.
Facts
The Complainants alleged that a violation of Chapter 21 occurred when an email was sent to the city council members together. When IPIB followed up on May 5, the parties seemed to believe there wasn’t actually a violation because no one responded to the group email – only in individual responses. IPIB staff requested that the parties provide the email if they felt a violation may have occurred and wanted IPIB to review it.
On May 5th, IPIB staff requested Complainants send the email to IPIB for review. Although Complainant Jensen responded to IPIB staff three times on May 5th, he continued to not attach the email in question. On May 7, IPIB staff followed up again and asked for the Complainants to provide the email by May 14th, 2026 so the agency could make a determination on facial acceptance or dismissal. No response was received.
Analysis
The information before IPIB indicates that even if the Complainant’s allegation is true that a single email was sent but no one responded to the group, no violation of Chapter 21 occurred. Without seeing any of the emails, IPIB can only act on Complainant’s statements as to what occurred.
Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
Complainant has constructively abandoned the case, and IPIB has been unable to seek clarification on the allegations to determine whether they could have merit as a result.
IT IS SO ORDERED: Formal complaint 26FC:0078 is dismissed as legally insufficient pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on May 21, 2026. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director,
_________________________
Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on May 14, 2026, to:
Tony Jensen, Complainant
Amber Turner, Complainant