The Iowa Public Information Board
In re the Matter of: Terri Hay, Complainant And Concerning: City of Clarksville, Respondent |
Case Number: 26FC:0086 Dismissal Order
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COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On March 22, 2026, Terri Hay (Complainant) filed formal complaint 26FC:0086, alleging that the City of Clarksville (Respondent) violated Iowa Code Chapter 22.
Facts
On May 14, 2019, Respondent issued a cemetery deed to Complainant for a particular lot in the Lynnwood Cemetery. On January 14, 2020, however, Complainant alleges that the same lot was reassigned to another individual in a separate cemetery deed.
On March 8, 2026, Complainant submitted a Chapter 22 request to Respondent, seeking any records related to this lot, including any documents related to the transfer, cancellation, or reassignment of the lot during the period described above. Respondent provided for the timely release of records, including cemetery deeds reflecting assignments to both individuals and associated payment/ledger documents. However, Respondent also stated that there were no records reflecting Complainant’s authorization to transfer or relinquish her interest in the lot.
On March 22, 2026, Complainant filed formal complaint 26FC:0086, alleging a failure to provide appropriate documentation to justify the transfer.
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.” Iowa Code § 22.2(1).
Analysis
Iowa Code § 22.2(1) provides for the examination and copying of public records “of or belonging to” state and local government bodies. If Respondent were in possession of a record documenting Complainant’s authorization to transfer or relinquish ownership of the disputed lot, it is assumed for the purposes of facial review that this would be a public record subject to disclosure.
However, Respondent has stated that it does not have such a record, and Complainant has clarified that she is not alleging the record sought actually exists. Instead, Complainant’s concern is that a cemetery lot was issued in her name in 2019 and later reassigned to another individual in 2020, and Respondent has been unable to provide any record to show that this transfer is proper. Because Complainant is not alleging any existing responsive records have been improperly withheld, the failure to provide documentation does not present a potential violation of Chapter 22.
Because IPIB’s statutory jurisdiction is limited to Chapter 21 and Chapter 22, it would be beyond the scope of IPIB’s authority to investigate an allegation that the reassignment of the cemetery lot itself was improper or insufficiently documented. See Iowa Code § 23.6(4).
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.
The city has stated that the transfer documentation sought does not exist. Because Complainant does not contest this representation and only alleges that there should have been additional documentation to permit the transfer of the disputed cemetery lot, any issues presented by this complaint are beyond IPIB’s jurisdiction over Chapter 22.
IT IS SO ORDERED: Formal complaint 26FC:0086 is dismissed as it is outside of IPIB’s jurisdiction 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 April 16, 2026. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director,
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Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on April 8, 2026, to:
Terri Hay, Complainant