26FC:0097 Billy Frazier v. Linn County - 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 April 6, 2026, Billy Frazier (“Complainant”) filed formal complaint 26FC:0097, alleging that the Linn County Sheriff’s Department (“Respondent”) violated Iowa Code Chapter 22.

Facts

In the initial complaint to IPIB, the complainant stated that on May 10, 2025, he submitted an open records request to the Linn County Sheriff’s Department for “all grievance records, legal mail logs (including habeas corpus correspondence), mailroom chain-of-custody documentation, and recorded phone logs.” He also stated that the Respondent responded to his public records request on May 12, 2025 asserting that the “grievance and incident records form 2012 were produced” and that the “legal mail logs and phone logs ‘no longer exist’.” No complaint was filed at that time. 

In the IPIB complaint, the Complainant also alleged that on March 20, 2026, “Complainant submitted a renewed request for the same categories of records.” He then asserted that the March 2026 response was inadequate and in violation of Chapter 22 for various reasons. 

Email communications provided to IPIB staff substantiated that this accurately summarized the exchanged between the parties. The complaint to IPIB was dated April 6, 2026, nearly a year after the original request was submitted and responded to.  

Applicable Law

“The board shall adopt rules pursuant to chapter 17A providing for the timing, form content, and means by which any aggrieved person, any taxpayer to or citizen of this state, the attorney general, or any county attorney may file a complaint with the board alleging a violation of chapter 21 or 22. The complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence. All complaints filed with the board shall be public records.” Iowa Code § 23.7.

Analysis

Chapter 22 only delegates enforcement power to this Board when a complaint is lodged within sixty (60) days of a violation or within sixty (60) days of when the complainant reasonably should have been aware of a violation. The complainant sent a letter back to the county attorney on September 3, 2024, within weeks of the county attorney’s denial of the requested records, showing that he had received the decision by the county, knew the records had been denied, and disagreed with it. He mailed his complaint to IPIB 413 days after his letter to the county attorney, well outside the sixty-day filing deadline.

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. Due to the delay in filing, it is found that this complaint does not meet those requirements. IPIB does not have jurisdiction over federal agencies and does not have the authority to adjudicate the complaints related to federal agencies

IT IS SO ORDERED: Formal complaint 26FC:0097 is dismissed as legally insufficient for IPIB to proceed with an investigation 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 February 19, 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 draft document was sent via email on June 12, 2026,to:

Billy Frazier, Complainant