26FC:0092 Amber Turner v. Mitchellville City Council Member - Dismissal Order

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 23, 2026, Amber Turner (Complainant) filed formal complaint 26FC:0092, alleging that a member of the Mitchellville City Council (Respondent) violated Iowa Code Chapter 21.

Facts

This complaint arises in the context of an ongoing intragovernmental dispute between public officials in the City of Mitchellville, where both Complainant and Respondent serve as elected members of the city council.

On March 19, 2026, the city council met in open session. The agenda for this meeting included an item for the discussion and possible approval of the Mayor’s appointment of a new fire chief, following the Mayor’s decision to dismiss the previous chief on March 5, 2026. During discussion of this item, as recorded by news media sources documenting the meeting, Respondent stated that he would not consider any nominee except for the former fire chief, and the Mayor responded that he did not support the chief’s reinstatement.[1]

At a later point in the discussion, Respondent addressed the Mayor directly, saying:

Mayor, I know you’re not going to resign, and I actually don’t mind you sticking around for a little while because a month from now you’re going to be a completely castrated mayor. You are not going to have any appointment powers when we change the ordinances. And then you can just sit there.

On March 23, 2026, Complainant submitted formal complaint 26FC:0092, alleging that this comment was “unacceptable and indicative of a hostile and increasingly intimidating working environment” within the City. Complainant suggested that this type of “degrading, inflammatory language” undermined the integrity of the city government, and the hostile work environment interfered with the ability of council members to hold meetings and conduct business. The Mayor also sought IPIB’s assistance in relation to this incident.

Applicable Law

“This chapter seeks to assure, through a requirement of open meetings of governmental bodies, that the basis and rationale of governmental decisions, as well as those decisions themselves, are easily accessible to the people.” Iowa Code § 21.2(2).

“The [Iowa Public Information Board] shall have all of the following powers and duties:

4. Receive complaints alleging violations of chapter 21 or 22, seek resolution of such complaints through informal assistance, formally investigate such complaints, decide after such an investigation whether there is probable cause to believe a violation of chapter 21 or 22 has occurred, and if probable cause has been found prosecute the respondent before the board in a contested case proceeding conducted according to the provisions of chapter 17A.” Iowa Code § 23.6(4).

Analysis

IPIB’s jurisdiction to receive and investigate complaints is statutorily limited to alleged violations of Chapters 21 or 22, dealing with open meetings and public records respectively. Iowa Code § 23.6(4). Although the comment was made during an open session meeting, IPIB’s authority over Chapter 21 does not extend to decorum or the contents of deliberation.

Dismissal is required, as the complaint does not present any potential violation within IPIB’s jurisdiction.

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.

IPIB lacks the authority to consider an allegation that a member of a governmental body made inappropriate or inflammatory comments during a meeting, as this would not present a potential violation of Chapter 21 (or Chapter 22).

IT IS SO ORDERED:  Formal complaint 26FC:0092 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,

_________________________

Charlotte J.M. Miller, J.D.

CERTIFICATE OF MAILING

This document was sent on April 8, 2026, to:

Amber Turner, Complainant