Iowa Public Information Board Complaint + §22.10 Civil Action
When a city refuses to produce records (USA-IA-016), refuses to dismiss a citation despite documented defects, or uses procedural games to pressure payment, the citizen can escalate to the Iowa Public Information Board (IPIB) and file a §22.10 civil action in Iowa district court. The IPIB has subpoena power, can order document production, and can refer matters for prosecution. §22.10 actions carry actual damages, civil penalties of $100–$2,500 against the offending official, and attorney fees. The mere filing of an IPIB complaint typically resolves the underlying citation because the City does not want a public record of noncompliance. This is the 'nuclear option' for stubborn cases.
Legal basis
Iowa Code §22.10 (Open Records civil action); §22.13 (Iowa Public Information Board); §364.22(7) (defenses); Iowa Const. Art. I §17
Sample appeal wording
[DATE] Iowa Public Information Board 502 E. 9th Street, Wallace State Office Building Des Moines, IA 50319 ipib@iowa.gov Re: Open Records Complaint Against City of [CITY] — Citation #[CITATION_NUMBER] Under Iowa Code §22.10 and the IPIB rules of procedure, I file this complaint: 1. Background. On [DATE] the City of [CITY] issued me parking citation #[CITATION_NUMBER]. To prepare my §364.22 defense, I served a Chapter 22 records request on [DATE] (Exhibit A). 2. Records sought. [LIST 5-7 categories from USA-IA-016 template]. 3. City response. The City [failed to respond / produced incomplete records / charged unreasonable fees / asserted improper exemptions]. Documentation at Exhibits B-D. 4. Relief requested. I respectfully request the IPIB: a. Find that the City violated Chapter 22. b. Order immediate production of all responsive records. c. Refer the matter for civil penalties under §22.10(3). d. Authorize attorney fees and costs under §22.10(3)(c). 5. Underlying citation. The records-noncompliance has prejudiced my ability to defend the citation; I respectfully request the IPIB recommend dismissal as an equitable remedy under §22.10(3). Sworn this [DATE]. [NAME] [ADDRESS] [PHONE/EMAIL]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Iowa Code §22.10, §22.13
- Iowa Public Information Board (ipib.iowa.gov)