The Iowa Public Information Board
COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On August 15, 2026, Gregory Armstrong (Complainant) filed formal complaint 26FC:0226, alleging that the Freemont County Attorney’s Office (Respondent) violated Iowa Code Chapter 22.
Facts
The Complainant alleged that a violation of Chapter 22 occurred when he “asked for a written report for a crime that was reported on July 6 2026” and the Complainant received an email from the assistant county attorney “stating that there was no written report due to no one being arrested.”
IPIB staff followed up with the Complainant, explaining that Chapter 22 does not require a record to be produced that does not exist. Staff offered an opportunity for the Complainant to submit additional information. He responded, “Of course it does not exist. They did that on purpose to bury a sexual assault on a 14 year old and a 12 year old.” No further information was provided by the Complainant to support his complaint.
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:
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.” Iowa Code § 23.8.
“‘Public records’ includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D, or tax-supported district in this state, or any branch, department, board, bureau, commission, council, or committee of any of the foregoing.” Iowa Code § 22.1(3)(a)
Analysis
In its initial facial review, IPIB considers all factual allegations provided by the Complainant to be true. The information before IPIB indicates that, assuming the facts presented by the Complainant are true, the Complainant requested a record from the county attorney’s office and was informed no such record existed and why it did not exist. Complainant informed IPIB that he doesn’t disagree that such a record was not generated. In fact, Complainant agreed that the Respondent didn’t have the requested record. He only contested that the reason offered by the Respondent for the lack of a public record was not the real reason.
Iowa Code Chapter 22 requires that a governmental body provide requested, non-confidential public records. A public record only exists when information is “stored or preserved” in any applicable medium. In this matter, the Complainant does not dispute that no record exists. Even when considering the factual allegations provided by the complainant to be true, no violation can be said to have occurred if the Complainant admits requested record did not exist at the time of the request. The government did not violate Chapter 22 by failing to produce a record that the parties agreed does not exist.
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 has agreed that the record he requested under Chapter 22 does not exist; therefore, a Chapter 22 violation did not occur and the complaint is legally insufficient.
IT IS SO ORDERED: Formal complaint 26FC:0226 is dismissed as legally insufficient 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 September 17, 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 September 11, 2026, to:
Gregory Armstrong, Complainant
Areas Served
- Fremont