The Iowa Public Information Board
COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On July 29, 2026, Austin Becker filed formal complaint 26FC:0202, alleging that the Davenport Police Department violated Iowa Code 22.
Facts
Complainant filed the present complainant stating in full “Submitted an open records request, got acknowledgement back of the request the same day. Waited 2 weeks, sent a follow up email and have not heard anything back.” On July 31, 2026, IPIB Staff opened the complaint for facial review and informed Complainant via email. Later that day Complainant responded to said email and stated “Thank you for your help. I wanted to let you know that Davenport promptly responded with the information once I submitted the complaint.” On August 3, 2026, IPIB staff responded to Complainant asking if there were any other issues and telling him that he may withdraw his complaint if he chooses. Complainant did not respond to that August 3, 2026 email.
Applicable Law
“Upon receipt of a complaint alleging a violation of chapter 21 or 22, the [Iowa Public Information Board] shall do either of the following:
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.” Iowa Code § 23.8(2).
Analysis
In this instance, while there was some delay in the production of records, the records have now been provided and the situation resolved. Seeing as there is no longer a standing potential violation, the issue is moot and therefore without ongoing merit.
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.
On facial review, Complainant no longer states a violation.
IT IS SO ORDERED: Formal complaint 26FC:0202 is dismissed as it is without merit 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 August 20, 2026. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director,
_________________________
Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on August 13, 2026, to:
Austin Becker