The Iowa Public Information Board
COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On June 8, 2026, Stephen Swanson filed formal complaint 26FC:0152, alleging the Madison County Board of Supervisors violated Iowa Code Chapter 21.
Facts
In the initial complaint to IPIB, the complainant alleged the Respondent on June 4, 2026, entered into a closed session for “the purported reason of discussing [three] different topics. The three topics were allegedly a) to discuss how to proceed in the current Jan 5 IPIB complaint, b) to discuss imminent litigation involving the county auditor and c) to discuss pending litigation brought by the auditor.” Complaint further provides that the attorney with whom they determined to have the closed session was not the Madison County Attorney, rather hired outside counsel. Complaint states during the meeting Respondent discussed various topics outside of the alleged reasons for having the closed session, including whether surveillance equipment was in the room. Also discussed during the closed session was payment to outside counsel for the matters discussed.
Complainant alleges that Respondent violated Chapter 21 by entering into an improper closed session. 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 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. Under Iowa Code chapter 21, a governmental body is allowed to enter into closed session “[t]o discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation” so long as counsel is present. Iowa Code § 21.5(1)(c). In this matter, counsel was present and advised the governmental body to enter a closed session. The code does not specify that it cannot be outside counsel instead of the city attorney to be the one recommending the closed session. 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:0152 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 July 10, 2026, to:
Stephen Swanson, Complainant