The Iowa Public Information Board
COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On May 26, 2026, Brenda Naaktgeboren (“Complainant”) filed formal complaint 26FC:0138, alleging that the City of Harvey City Council (“Respondent”) violated Iowa Code Chapter 21.
The IPIB accepted this Complaint on June 18, 2026.
Facts
The Respondent is a city council with six members. On May 11, 2026, they met following the posting of a tentative agenda with the following items:
Approve Agenda
Open Proposed Disposal of Interest in Real Estate 411 Main Street, Harvey, IA Public Hearing
Close Proposed Disposal of Interest in Real Estate 411 Main Street, Harvey, IA Public Hearing
Open and review bids for 411 Main Street, Harvey, IA
Open Proposed Disposal of Interest in Real Estate 301 Second Street, Harvey, IA Public Hearing
Close Proposed Disposal of Interest in Real Estate 301 Second Street, Harvey, IA Public Hearing
Open and review bids for 301 Second Street
Approve Previous Minutes
Approve Financial Report for April 2026
Review City Investment Policy draft
Dutch Masters Auto Club show tentatively set for June 12th, 2026, 9:30/10am
Discuss moving City bulletin board to new location
Discuss payment options for garbage bill
Discuss garbage bill invoicing frequency
Discuss replacing the Community Building’s tables and chairs
Discuss city clean-up plans and timeline
Discuss Nuisance Abatement
Water/Sewer Report
Park Report
Street Report
Approve to pay bills
Open Forum
Adjourn
According to the May 11th meeting minutes, the Respondent approved a landscape work estimate of $2,100 for DeFreece Land Services to mulch certain city property. This was discussed and voted upon under the “Park Report” agenda item.
On May 26, 2026, Complainant filed this complaint alleging deficient notice in violation of Chapter 21.
On July 8, 2026, the city clerk responded to the allegations in the complaint, explaining that, as a result of the complaint, she had consulted with the city attorney and the Iowa League of Cities regarding best practices. She acknowledged that the city clerk and Respondent should have provided more specific information and stated that they would do so moving forward. As a proposed resolution to the complaint, she further stated that the city would ensure that the tentative July 13, 2026, meeting agenda included additional details regarding the actual invoice from DeFreece Land Services that would require approval for the work at issue. She also stated that, moving forward, Respondent would provide “additional details and be more specific when posting agenda topics.”
On July 12, 2026, Respondent provided the following proposed tentative agenda for their upcoming meeting:
Approve Agenda
Approve Previous Minutes
Approve Financial Report for June 2026
Approve End-of-Year FY 2025–2026
Tony Hauenstein – Discussion regarding moving a camper onto 101 Fourth Street. The camper will be hooked up to water and sewer for temporary housing until his home is delivered in late fall 2026.
Approve/Vote – Resolution 1-7-13-26 – Approving DeFreece Land Services invoice for $2,750 to mulch public and city-owned land, ditches, and rights-of-way located at Rock Island, Wabash St., Main St., Third St., and the Community Building/City Hall.
Approve/Vote – Resolution 2-7-13-26 – Approving City Park basketball court repairs with Surface One Sport Coating by Superior Line Striping & Construction for $6,500.
Approve/Vote – Resolution 3-7-13-26 – Approving sanitation service contract renewal with Country Trash for citywide weekly trash pickup at the current fee.
Approve/Vote – Resolution 4-7-13-26 – Setting a fee of $0.25 per page for physical copies of public records and a fee of $15.60 per hour for public record requests taking longer than 30 minutes to fulfill.
Approve/Vote – Resolution 5-7-13-26 – Approving the estimate from Manatts for $177,521.05 for a single sealcoat using washed limestone chips for streets and the park.
Review and Discuss – Updating fund accounting and billing software. Quotes received:
ClerkBooks: $9,000 initial one-time setup fee; $1,126.40 annual fee
gWorks: $7,500 initial one-time setup fee; $5,000 annual fee
Banyon: $9,193 initial one-time setup fee; $2,195 annual fee
Vote/Approve – Updating fund accounting and billing software
Discuss Nuisance Abatement
Discuss State Procedures – Transitioning council members from concurrent terms to staggered terms under Iowa Code Chapter 376.
Park Report
Street Report
Approve Payment of Bills
Open Forum
Adjourn
On July 21, 2026, the Complainant declined all efforts toward an informal resolution and requested IPIB complete its formal investigation. In the same email, Complainant also alleged the additional following items she believed to be a violation:
The Respondent concealed their new webpage launch and used “the new website to collect municipal funds while intentionally withholding official meeting notices and agendas from the platform” in violation of the new notice requirements that went into force on July 1st.
Inadequate notice on the tentative agenda for July 13, 2026 meeting.
The Respondent concealed their trespass onto private property.
Applicable Law
“Except as provided in subsection 3, 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.
(1) Giving notice under this paragraph shall include all of the following:
(a) Advising the news media who have filed a request for notice with the governmental body.
(b) Posting the notice in a prominent and conspicuous place which is annually designated for such purposes by the governmental body, in a manner such that the notice is visible at all times.
(c) Posting the notice on the primary internet site owned or maintained and regularly updated by the governmental body or other primary internet presence moderated by the governmental body, if applicable.” Iowa Code § 21.4(1)(a)(1).
Analysis
Iowa Code § 21.4 requires that the public receive notice of agenda items to be considered at least twenty-four hours in advance of a meeting, unless there is good cause that such notice is impossible or impractical. In order to ascertain whether agenda items provide sufficient notice, IPIB must determine “whether the notice sufficiently apprised the public and gave full opportunity for public knowledge and participation.” KCOB/KLVN, Inc. v. Jasper Cnty. Bd. of Sup'rs, 473 N.W.2d 171, 173 (Iowa 1991). Furthermore, “the sufficiency of the detail on the tentative agenda must be viewed in the context of surrounding events.” Id.
The Iowa Supreme Court has previously recognized that “the issue to be resolved is not whether the notice given by the governmental body could have been improved, but whether the notice sufficiently apprised the public and gave full opportunity for public knowledge and participation.” Id. The Court further explained that, in determining whether the public was sufficiently apprised, “we may consider the public's knowledge of an issue and actual participation in events in light of the history and background of that issue.” Id. Furthermore, the legal standard the Respondent must meet is substantial, “rather than absolute compliance with the statutory requirements.” Id. at 176 (citing Iowa Code §§ 331.301(1), (5)).
Viewing past agendas, the Respondent has a consistent practice of providing a great deal of detail regarding proposed resolutions, property agreements, and other agenda matters. However, the Respondent has consistently included three recurring agenda items: “water/sewer report,” “park report,” and “street report.” There is nothing inherently unlawful about having these agenda items; many governmental bodies receive standing reports from employees or committees. However, when the governmental body is aware of a resolution or action that must be taken in relation to those reports at a public meeting, it would be best practice to specify the deliberation or action to be taken. The Respondent, in fact, admitted as much in its response and immediately made efforts to improve its agenda notice.
It is unclear from the evidence provided to IPIB whether, considering the context surrounding the estimate proposal, the community would have known that this item would be considered in May or whether such an item would have been included under “Park Report.” IPIB staff could find no previous mention of the matter in meeting minutes or agendas.
Additionally, the Complainant alleged that the Respondent did not provide digital notice on its primary internet presence for a subsequent July meeting, in violation of the notice amendments that took effect on July 1, 2026. However, IPIB could find no evidence of this. When IPIB staff viewed the Respondent’s website, the website had both the agenda and minutes posted for the July 13, 2026, meeting. This was, of course, after the meeting occurred because the new concern was not raised until July 21, 2026. IPIB also later found that the tentative agenda for the August 10, 2026, meeting was posted on the Respondent’s website (www.harveyiowa.org/government/meetings/).
The other allegations related to property trespass and safety concerns are outside of Chapters 21 and 22. Therefore, IPIB has no jurisdiction or enforcement authority over them.
To find probable cause of a violation, IPIB must receive sufficient evidence of wrongdoing to satisfy the probable-cause standard. In the present circumstances, notice was physically posted at least twenty-four hours in advance for the May 11, 2026, meeting; however, the Respondent deliberated and acted to approve a work estimate under the broad heading “Park Report.” While Chapter 21 does not require every subtopic to be included on a posted agenda, it does require sufficient specificity to reasonably apprise the public of the subjects to be considered by the Board. The May 11 agenda likely did not meet that standard. The Respondent has admitted that the tentative agenda could have been improved and has stated that it will be improved moving forward. Accordingly, there may be sufficient evidence to find probable cause of a Chapter 21 violation with respect to the May 11, 2026, meeting. As to the July notice, however, the available evidence does not establish that a subsequent violation of the internet-posting requirement occurred.
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 there is evidence that the Respondent may have violated Chapter 21 by providing inadequate notice for the May 11, 2026, but there is also evidence the Respondent immediately undertook mitigating efforts and there is no ongoing violation, it is recommended that the Board find probable cause exists to find a violation occurred but, as a matter of administrative discretion, dismiss the matter. Alternatively, if the Board does not believe there is sufficient evidence to find probable cause of an inadequate agenda notice, it is recommended that the Board dismiss the matter for lack of probable cause to believe a violation occurred.
By the IPIB Deputy Director,
_________________________
Charissa Flege, J.D.
CERTIFICATE OF MAILING
This document was sent on August 13, 2026, to:
Brenda Naaktgeboren, Complainant
City of Harvey City Council, 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 20, 2026, to:
Brenda Naaktgeboren, Complainant
City of Harvey City Council, Respondent