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 29, 2026, Timothy Brown (Complainant) filed formal complaint 26FC:0121, alleging the Conference Realignment Committee - Iowa High School Athletic Association (Respondent) violated Iowa Code chapter 21.
Facts
On April 29, 2026, Complainant submitted a complaint to the Iowa Public Information Board alleging that Respondent violated Iowa Code Chapter 21 at its meeting held that same day. Complainant asserted that the committee is subject to the open meetings law by virtue of being established by the Iowa Code, and noted that the published agenda for the April 29 meeting did not include the address of the meeting location, nor did it provide a link for remote public observation. Complainant further noted that agendas for prior meetings held on March 25 and April 22 had included Zoom links for public viewing, and that only one meeting recording had been posted online, making it impossible to review prior discussions after the fact. Complainant also provided a link to a press article from SportsGuysIowa.com indicating that the April 29 meeting had been closed to media.
On May 6, 2026, Complainant followed up with IPIB staff, referencing a prior phone conversation and providing the SportsGuysIowa.com article link as additional evidence that the meeting had been closed to outside observers.
On May 7, 2026 IPIB completed its facial review under Iowa Code §23.8 and accepted the complaint for further investigation. The accepted allegations were failure to comply with Chapter 21 meeting notice requirements under Iowa Code §21.4, specifically the failure to provide reasonable notice of the time, date, and place of the meeting along with a tentative agenda, and a related concern regarding whether meeting minutes adequately reflected the results of each vote and sufficient information to show how each member voted.
On May 8, 2026, Marty Fonley, Chair of the Conference Realignment Committee, responded on behalf of Respondent. Respondent acknowledged that the agenda originally posted on April 23, 2026 did not include the meeting location. He explained that he had updated the agenda to include the location on the morning of April 28 and had attached revision history to demonstrate this, but that he had not shared the updated version with the IHSAA contact responsible for replacing the original on the website. Respondent acknowledged that the complainant was correct that the published agenda did not include all necessary components and accepted personal responsibility for the inadvertent omission, stating it was not done with any intent to violate open meetings requirements. Respondent noted that the meeting was held at the Ankeny Stadium Meeting Room, a venue selected specifically to accommodate schools, conferences, media, and members of the public, with approximately 40 to 50 people in attendance.
On May 14, 2026, IPIB staff communicated to the parties that the complaint should advance to the informal resolution process under Iowa Code §23.9 and proposed two remedies: that the committee acknowledge at an open meeting that the notice and agenda for the April 29 meeting was insufficient under §21.4, and that the committee reaffirm the votes taken at that meeting at a properly noticed open meeting. Respondent confirmed the same day that the committee would be able to take those corrective steps at an upcoming meeting already scheduled for the following week to address fast-track applications.
On May 15, 2026, Complainant noted he had not received the proposed informal resolution attachment and asked IPIB to clarify whether the vote reaffirmation process would be merely procedural or would require public deliberation before the committee acted. On May 19, 2026, IPIB staff clarified that Chapter 21 does not require a governmental body to permit public comment during a meeting, only that the public be allowed to attend, and that the purpose of the reaffirmation was to ensure the public was given proper notice of the matters being deliberated.
On May 19, 2026, Respondent notified the parties that the committee had met that morning, reaffirmed the votes taken at the April 29 meeting, and acknowledged the open meetings violation that led to the complaint. Complainant was noted to have been in attendance.
On May 21, 2026, Respondent submitted the meeting minutes from the May 19 session to IPIB and asked whether the acknowledgment made at that meeting satisfied the informal resolution requirements, or whether a formal resolution document also needed to be passed at a separate meeting. Respondent noted the committee was not scheduled to meet again until fall and offered to call an additional meeting if needed.
IPIB accepted this case on May 21, 2026, to allow the IPIB staff to focus the parties on a resolution of this matter and to ensure requested records, not deemed confidential pursuant to Iowa Code Chapter 22 or other laws, are provided.
On June 8, 2026, IPIB staff responded that based on Respondent’s input, the informal resolution had been amended to remove the requirement that the acknowledgment occur at a committee meeting, given that the committee would not reconvene until fall.
As of June 12, 2026, Complainant has not submitted a signed copy of the informal resolution. IPIB staff decided to present an investigative report, in lieu of a signed informal resolution, due to the compliance of proposed informal resolution terms by the government body.
Applicable Law
“[A] governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.” Iowa Code § 21.4.
Analysis
Iowa Code § 21.4 requires public notice be provided at least 24 hours in advance of an open meeting. This notice is to be physically posted and sent to news organizations that request to receive the notice.
Respondent made an error on the Conference Realignment Committee meeting agenda and notice. The public did not know the location of where the Conference Realignment Committee was to meet. It was an error that was caught by the chairperson on April 28 and remedied on the committee’s agenda but was not communicated to the person in charge of the physical posting of Respondent’s meeting. Upon discovering the error, Respondent took steps to correct it by holding the same meeting over again on May 19, 2026 and affirming the votes taken at the April 29, 2026 meeting after providing proper notice. The incorrectly noticed meeting was corrected and steps taken to ensure any deliberation and action taken at the meeting was properly noticed.
IPIB Action
The Board may take the following actions upon receipt of a probable cause report:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.
Iowa Admin. Code r. 497-2.2(4).
Recommendation
Because Respondent demonstrated that the incorrectly noticed meeting was corrected and steps taken to ensure any deliberation and action taken at the meeting was properly noticed. Therefore, it is recommended the Board make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter.
By the IPIB Executive Director:
_________________________
Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on June 12, 2026, to:
Timothy Brown, Complainant
Conference Realignment Committee - Iowa High School Athletic Association, Respondent
The Iowa Public Information Board
Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action:
☐a. Redirect the matter for further investigation;
☐b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
☒c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
☐d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.
By the Board Chair
________________________
Catherine Lucas
CERTIFICATE OF MAILING
This document was sent on June 18, 2026, to:
Timothy Brown, Complainant
Conference Realignment Committee IHSAA, Respondent