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 15, 2026, David Raymond filed formal complaint 26FC:0106, alleging the City of Lewis violated Iowa Code Chapter 21 and 22.
Facts
In the initial complaint to IPIB, the complainant alleged that the mayor of City of Lewis violated Iowa Code 21 by criticizing members of the public for taking notes. Complainant also alleged that the city council members were arguing with each other and telling others to grow up. No other violations were alleged.
Applicable Law
“Upon receipt of a written complaint alleging a violation of Iowa Code chapter 21 or 22, the board shall either: (a) Accept the complaint, following a review of the allegations on their face, having determined that the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit; or (b) Dismiss the complaint, following a review of the allegations on their face, having determined that the complaint is outside the board’s jurisdiction, appears legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been disposed of on its merits by the board or a court.” Iowa Code § 497-2.1(2).
Analysis
Chapter 21 and 22 only delegate enforcement power to this Board when a complaint appears legally sufficient on its face. The allegations posed by the Complainant, even if true, would not state a violation of Chapter 21 or Chapter 22. Therefore, the matter should be dismissed by IPIB.
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 failure to state a violation of Chapter 21 or 22, it is found that this complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 26FC:0106 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
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Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This draft document was sent via email on May 18, 2026, to:
David Raymond, Complainant