The Iowa Public Information Board
COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On May 8, 2026, Tami Curry (Complainant) filed formal complaint 26FC:0147, alleging that City of Runnells (Respondent) violated Iowa Code Chapter 22.
Facts
On March 27, 2026, Complainant submitted a public records request to Respondent seeking all audio and/or video recordings of public meetings made by Respondent member Erin LaBelle on a personal recording device, covering the period from December 9, 2025 to the date of the request. The request encompassed council meetings, work sessions, budget meetings, special meetings, and any other public meetings subject to Iowa's open meetings law, and asked that the records be provided electronically, with any denial accompanied by a written legal justification and any fees disclosed in advance.
Having received no response, Complainant followed up on April 16, 2026. The Respondent’s attorney, Cameron K. Wright of Skinner Law Office, P.C., responded the same day, attributing the delay to a staff shortage and stating the City was working to fulfill the request. On April 23, 2026, Wright advised Complainant that a Dropbox link containing the requested records had been sent.
On May 5, 2026, Complainant acknowledged receipt of a USB drive containing recordings but raised concerns that the production was incomplete, specifically identifying a missing recording from a March 24, 2026 special council meeting, and noted that the files were poorly labeled with little indication of meeting dates. Complainant also asked for an update on a separate April 17, 2026 request that remained outstanding. Wright replied that same day, stating that the recordings were made on a councilmember's private device rather than under a standard City record-keeping process, that the entirety of what existed had been transferred to the USB, and that no recordings existed for meetings from April 1, 2026 forward.
On May 8, 2026, Complainant responded to Wright's explanation, stating that she had witnesses prepared to provide written statements that the councilmember's recording device had been visibly present at recent meetings, along with photographic evidence. Complainant argued the recordings should be treated as public record because they were made by a sitting council member, objected to the use of a "personal device" as justification, and noted the City lacked any policy or procedure governing recording of public meetings. Complainant also asked that IPIB scrutinize the sufficiency of the attorney's response given that a recording was known to have been made but not produced.
IPIB acknowledged receipt of the formal complaint on June 11, 2026. On June 12, 2026, following IPIB's facial review under Iowa Code § 23.8, the Board accepted the complaint for further investigation, framing the sole allegation as "failure to produce lawfully requested public records," and directed the City, its attorney, and involved parties to respond within two weeks. The notice advised that IPIB would first pursue informal resolution under Iowa Code § 23.9 before proceeding to a formal investigation under § 23.10 if necessary.
On June 23, 2026, the newly appointed City Clerk for Respondent, contacted Miller seeking clarification on the status of the complaint, stating her understanding based on a meeting with the City's attorney that all recordings had by then been turned over to Complainant. IPIB replied on June 24, 2026, indicating that the matter remained open but that she would note in the case file that the requested records had reportedly been produced.
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. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record. All rights under this section are in addition to the right to obtain a certified copy of a public record under section 622.46.” Iowa Code § 22.2(1).
Analysis
Respondent has made the requested public records available to Complainant. Although a delay occurred between the submission of the request and the production of the records, Respondent appears to have acted in good faith. The delay can be attributed to the staff transition and the limitation associated with staff shortage. At no time did Respondent deny the records request.
Furthermore, when the complaint asserted that the records produced were not responsive to the request, the respondent contacted the city attorney to seek if any other responsive records existed. The respondent determined that all responsive records that existed had been turned over.
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
The evidence presented to IPIB suggests that all responsive records in the Respondent’s possession directly related to the items requested were either disclosed upon request or do not exist. It is recommended that the Board dismiss for lack of probable cause to believe a violation has occurred.
By the IPIB Executive Director
_________________________
Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on August 14, 2026, to:
Tami Curry, Complainant
City of Runnells, 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 August 26, 2026, to:
Tami Curry, Complainant
City of Runnells, Respondent