The Iowa Public Information Board
COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On May 20, 2026, Jeremy Anderson (Complainant) filed formal complaint 26FC:0147, alleging that Bettendorf Police Department violated Iowa Code Chapter 22.
Facts
On April 19, 2026 Complainant received an unsigned City of Montrose letter demanding Complainant’s removal of a rooster from their property.
Complainant follow up and confirmed with the City Secretary and the Montrose Municipal Code confirm no ordinance bans roosters or regulates livestock noise.
On May 20, 2026, Complainant filed formal complaint 26FC:0133 with IPIB. Complainant provided the following:
On April 19, I received an unsigned City of Montrose letter demanding I remove a rooster. The City Secretary and the Montrose Municipal Code confirm no ordinance bans roosters or regulates livestock noise. Furthermore, immediate neighbors harbor roosters unmolested.
​Because no written ordinance authorizes this action, initiating enforcement represents a policy-making action. Under Iowa Code Chapter 21, the basis of governmental decisions must be public, and final actions must occur in open session.
​The City of Montrose violates Chapter 21 by formulating discriminatory property policies in private, un-agendized gatherings, or allowing staff to exercise unauthorized policy-making power outside a noticed public meeting.
​I request an investigation into this decision-making process and pursuit of an order to suspend all administrative enforcement actions until the underlying policy is introduced, debated, and voted upon in a legally noticed, open public meeting in compliance with Ch. 21
On June 4, 2026, IPIB acknowledge the formal complaint and proceeded to conduct a facial review determine the allegations.
Applicable Law
Upon receipt of a complaint alleging a violation of chapter 21 or 22, the board shall do either of the following:
1. Determine that, on its face, the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit. In such a case the board shall accept the complaint, and shall notify the parties of that fact in writing.
2. Determine that, on its face, the complaint is outside its jurisdiction, is legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court. In such a case the board shall decline to accept the complaint. If the board refuses to accept a complaint, the board shall provide the complainant with a written order explaining its reasons for the action.
Iowa Code § 23.8.
Analysis
Iowa Code Chapter 23 is the enabling statute of the IPIB, which mandates that IPIB determine whether a complaint falls within its jurisdiction. Complainant does not make any allegations related to a meeting of a governmental body or a request for public records. Any allegations made by Complainant are unrelated to the jurisdiction of Iowa Code chapters 21 or 22.
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.
Complainant’s allegations are unrelated to Iowa Code Chapters 21 and 22.
IT IS SO ORDERED: Formal complaint 26FC:0133 is dismissed as legally insufficient or outside 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 June 18, 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 document was sent on June 12, 2026, to:
Lynn Flynn, Complainant