The Iowa Public Information Board
COMES NOW, Johnathon T. Harris, Staff Attorney for the Iowa Public Information Board (“IPIB”), and enters this Investigative Report:
On July 16, 2026, Agnitsch (“Complainant”) filed formal complaints 26FC:0183 and 26FC:0184, respectively, both alleging the Iowa Valley Community College District (“Respondent”) violated Iowa Code chapter 21.
The IPIB accepted this complaint on August 20, 2026.
Facts
Complainant alleged a pattern by Respondent of failing to post meeting agendas 24 hours in advance of open meetings. Specifically, Complainant alleged that Respondent held a public meeting on July 15, 2026, without posting the tentative agenda either physically or digitally at least 24 hours in advance, and that this reflects an ongoing pattern.
IPIB staff opened this complaint on July 30, 2026. On July 30, 2026, Respondent responded. Respondent stated that the complaint is unfounded because Respondent did not hold a meeting on July 15, 2026. Respondent also supplied the board meeting schedule and the Board Agendas and Minutes. According to this information, Respondent held meetings on July 22, 2026, and August 12, 2026, but not on July 15, 2026. Respondent also stated they take their responsibilities to open meeting laws seriously and that they post their agendas appropriately.
Complainant has made any response to the statements made by Respondent. On August 14, 2026, Complainant was asked by IPIB staff if they had anything else to add, and there has been no response.
Applicable Law
“Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.” Iowa Code § 21.4(2)(a)
Analysis
Based on the posted meeting minutes and meeting calendar, Respondent's statement that a meeting did not occur on July 15 is accurate. Respondent could not have violated Chapter 21 by not providing 24-hour notice of a meeting that did not happen. Further, there is insufficient evidence presented by Complainant to show a pattern of failing to post agendas on time.
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 insufficient evidence to show either a specific violation or a pattern of violations, there is insufficient evidence to find probable cause a violation has occurred and the board should dismiss for lack of probable cause to believe a violation has occurred.
By the IPIB Staff Attorney:
_________________________
Johnathon T. Harris, J.D.
CERTIFICATE OF MAILING
This amended document was sent on September 17, 2026, to:
Agnitsch, Complainants
Abigail Casey, Board Secretary, 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 September 17, 2026, to:
Agnitish, Complainant
Iowa Valley Community College District, Respondent