IPIB Frequently Asked Questions (Chapter 23)

The Iowa Public Information Board (IPIB) is an independent state agency authorized to secure compliance with and enforcement of the requirements of Chapters 21 and 22, Iowa’s open meetings and public records laws. IPIB provides an efficient, informal, and cost-effective process for resolving disputes related to these chapters.

IPIB consists of a nine-member Board appointed by the governor and confirmed by the senate, balanced between media, government, and public representatives. Members serve four-year terms and meet on a monthly basis.

Most day-to-day communications and complaint investigations are handled by IPIB’s Executive Director and a small team of staff attorneys, who are employees of the Board.

IPIB has the authority to hear complaints based on Chapter 21 or 22 against any government entity subject to the requirements of those chapters. This includes city councils, county boards of supervisors, public schools, most state agencies, and other state and local governments. However, Iowa Code § 23.12 states that IPIB lacks jurisdiction over the state judicial and legislative branches, as well as the governor and the office of the governor.

Potential violations within the scope Chapter 21 include, but are not limited to, improper meetings outside of open session, insufficient notice for upcoming meetings, deliberation on topics not listed on a meeting agenda, unlawful restrictions on public access to meetings, and unauthorized closed sessions. As for Chapter 22, IPIB commonly hears complaints about undue delay when responding to records requests, unreasonable fees charged to receive records, and refusal to provide records without an applicable confidentiality exception.

While Chapters 21 and 22 relate to government transparency, IPIB generally does not have any authority to review the substantive decisions of the government, including complaints that a governmental body acted on bad information or without proper justification. Outside of very specific cases, IPIB's authority also does not extend to non-governmental, private entities.

Section 23.12 provides that IPIB has no jurisdiction over the judicial or legislative branches of state government, or over the governor or the office of the governor.

In additional to providing formal or informal interpretation of Chapters 21 and 22, IPIB has the authority to receive and investigate complaints alleging violations of either chapter. Upon accepting a complaint, we can attempt to mediate an informal resolution or bring a contested case for a formal agency finding. If a violation is found, IPIB has the power to order trainings or other remedial measures, void actions taken in violation of Chapter 21, require the release of public records, or require respondents to pay damages. IPIB does not have the power to remove a person from public office, but it may file an action for removal in court after an official finding.

Because IPIB’s jurisdiction is limited to open meetings and public records, our agency does not consider the merits of government actions. If your complaint is related to a policy decision made by a governmental body or the specific contents of a public record, IPIB likely is not the right agency to address your concerns.

When IPIB first receives a new complaint, we conduct a facial review, which considers only the information provided by the complainant. If the facts alleged do not present a potential violation within IPIB’s jurisdiction, then the complaint will be dismissed, with notice and explanation delivered to the complainant. If there is a potential violation, then the complaint proceeds to the informal resolution stage.

Once a complaint is accepted for informal resolution, IPIB reaches out to the government respondent with a copy of the formal complaint and a brief summary of potential violations under investigation. The government body then has the opportunity to provide its own facts and legal arguments. Pursuant to Iowa Code § 23.9, IPIB’s purpose at this stage is to act as a mediator and attempt to reach an agreement which rectifies any violations of Chapter 21 or 22 and prevents further violations from occurring in the future.

Informal resolution may end in one of several ways. First, if additional information provided shows that there is no longer probable cause to believe that the government respondent committed a violation within IPIB’s jurisdiction, we may issue a probable cause order dismissing the case. If the parties are able to reach an informal resolution, the complaint may be closed following the fulfillment of the terms to which the parties agreed. Finally, if parties are unable to reach a resolution and there is still probable cause to believe a violation has occurred, IPIB may move to a contested case hearing, in which the Board formally investigates the allegations of the complaint, with the power to issue final conclusions and order fines or other remedial actions.

Iowa Code § 23.8(2) provides several reasons why IPIB might dismiss a complaint, which may be raised at any point in our review process. A complaint may be dismissed if it is:

• Outside of IPIB’s jurisdiction – the issues presented by the complaint are not covered by either Chapter 21 or 22
• Legally insufficient – there would be no potential violation of either chapter, even if all facts presented in the complaint is true
• Frivolous or without merit – there is no good faith, factual basis for the alleged violation
• Harmless error – any violation present was the result of an unintentional mistake and did not meaningfully interfere with the rights and obligations provided for in Chapters 21 or 22 (e.g. a typo in an agenda lists the incorrect year for an upcoming meeting, but a reasonable person would understand that the meeting was scheduled for the current year)
• Previously resolved – the matter has already been fully reviewed on its merits and closed in a previous case brought before IPIB or the courts
• Outside the 60-day window – the complaint was not filed in time

According to Iowa Code § 23.7(1), any complaint submitted to IPIB “must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence.” The second half of this complaint allows review of violations which occurred more than sixty days before filing, but only if circumstances would have prevented the complainant from immediately learning of the underlying facts. Lack of knowledge of the law or of IPIB’s existence does not affect the application of this deadline.

Because this requirement is imposed by statute, IPIB does not have the power to waive the 60-day window for any reason, even for a complaint filed only one day after the deadline.

When a new formal complaint is filed, a new case file is created and assigned to one of IPIB’s staff attorneys. This attorney is responsible for the day-to-day handling of the complaint, including correspondence with the parties and legal research, as needed. However, final decisions in cases are made by the agency's nine-member Board, which meets monthly.

The easiest way to file a complaint is by filling out the online “File A Complaint” form, which can be found under the “Contact Us” tab on IPIB’s website. However, IPIB may also receive complaints by other means, such as email or physical mail. Once a complaint is filed, IPIB staff will generally get in touch within one or two business days. There are no fees for submitting a formal complaint.

Unless discussed in advance, information submitted to IPIB, including in a formal complaint, is generally considered to be public record, meaning it may be accessed by any member of the public.