HomeMy WebLinkAbout10-02-1997 CommunicationPhilip M. Reisetter
ATTORNEY AT LAW
321 East Market Street
Suite 102
Iowa City, Iowa 52245
Bus. Phone (319)337-7731
Bus. Facsimile (319) 337-3198
September 25, 1997
Mr. Paul Hoffey
Temporary Chairman
PCRB
City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
Dear Mr. Hoffey:
Thank you for your letter of September 24, 1997. I wish you and
the Board the best of luck in the future.
Sincerely,
setter
PMR:mrs
DRAFT
IOWA CITY
POLICE CITIZEN'S
REVIEW BOARD
BY-LAWS
BY-LAWS
IOWA CITY POLICE
CITIZEN'S REVIEW BOARD
ARTICLE I. AUTHORITY:
The Iowa City Police Citizen's Review Board (PCRB) shall have that authority which is
conferred by Ordinance No. 97-3792 of the City of Iowa City, Iowa and through the adoption
of these by-laws stated herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the citizens
of Iowa City by establishing a Police Citizen's Review Board to advise the Police Chief, City
Manager and City Council on matters pertaining to the policies, practices and overall
performance of the Iowa City Police Department. Further, in an effort to assure the citizens
of Iowa City that the Iowa City Police Department's performance is in keeping with
community standards, this Board is created to review investigations into complaints of police
misconduct to insure that such investigations are conducted in a matter which is fair,
thorough, and accurate, and to maintain a central registry and to provide City Council with
an annual report on all such complaints.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Police Citizen's Review Board shall consist of five (5) members
appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and
shall meet the criteria contained in Chapter , City Code, City of Iowa City, Iowa.
Appointments to the Board shall include one current or former "peace officer" as that term
is defined by state law. The City Council may waive the residency requirement for good
cause shown and may waive the requirement that the Board include one current or former
"peace officer" for good cause shown.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Board business.
Such expenses must be submitted to the City Manager for approval and reimbursement.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the ordinance creating the Police
Citizen's Review Board, the written policies of the Iowa City Police Department, the PCRB by-
laws, open records law, open meetings law and other documentation that would be useful to
Board members in carrying out their duties. They shall also be given an orientation briefing by
the appropriate City staff and the Board as is deemed appropriate.
Section 4. Absences. Three consecutive unexplained absences of a Board member from
regular meetings may result in a recommendation to the City Council from the Board to
discharge said member and appoint a new Board member.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term
illness, disqualification or removal shall be filled by the City Council after at least 30 days
public notice of the vacancy.
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in
Chapter , City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed
for terms of four years, with terms expiring on May 1 . If a position becomes vacant by
reason of resignation or otherwise, and results in an unexpired term of six months or less, the
Council may choose to fill the unexpired term in such a manner that the appointee shall
continue in the position not only through the unexpired term, but also through a subsequent
regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy
to the City Manager, Chief of Police and the Chairperson of the Board at least 60 days prior
to the date of intended departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Board shall be a Chairperson, Vice -Chairperson, and
Secretary, each of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected as soon as
practicable after formation of the Board, and thereafter annually at the first regular meeting
in February each year; if the election of officers shall not be held at such meeting, such
election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the
term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death,
inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and
when so acting shall have all the powers of and be subject to all the restrictions upon the
Chairperson.
Section 6. Secretarv. The Secretary shall have the responsibility of insuring that the Board's
minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the
Chairperson and Vice -Chairperson, shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. At least one (1) regular meeting shall be held during any eleven
calendar months. Commission meetings will be held on the of the month in
the at _ _.m..
Section 2. Special Meetings. Special meetings of the members may be called by the
Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three
or more Members of the Board. At least one (1) full day's written notice of meeting place,
time and agenda shall be given each Member and the media. Insofar as possible, only matters
included on the agenda may be discussed and formal votes taken. Care shall be taken to
avoid discussion of non -agenda items.
Section 3. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting. A majority of present and voting members shall be necessary to pass a motion
unless otherwise provided in the Board's enabling ordinance. The Chairperson shall vote as
a member. Board meetings shall be public except where provided in Iowa Code, Section 21.5.
Section 4. Place of Meetings. Regular meetings shall be in a place accessible to persons with
disabilities.
Section 5. Notice of Meetings. Notice of regular and special meetings shall be required;
meetings may be called upon notice not less than twenty-four (24) hours before the meetings
unless such notice is impossible or impracticable, in which case notice shall be provided as
outlined in Iowa Code §21.4(2). The news media shall be notified by staff.
Section 6. Proxies. There shall be no vote by proxy
Section 7. Public Discussion. Time shall be made available during all regular formal meetings
for open public discussion.
Section 8. Motions. Motions may be made or seconded by any member of the Board,
including the Chairperson.
Section 9. Exvarte Contacts. A member who has had a discussion of an agenda item outside
of a public meeting with an interested party shall reveal the contact, naming the other party
and sharing specifics of the contact, copies if in writing or a synopsis if verbal.
Section 10. Conflict of Interest. A member who believes they have a conflict of interest on
a matter about to come before the Board shall state the reason for the conflict of interest,
leave the room before the discussion begins, and return after the vote.
Section 11. Voting. A majority of votes cast at any meeting at which a quorum is present
shall be decisive of any motion or election.
Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member
of the Board, including the Chairperson, is required to cast a vote upon each motion. A
member who abstains shall state the reason for abstention.
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which
they are not inconsistent with these bylaws and any special rules or order the Board may
adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Iowa City Police Citizen's Review Board possesses the following powers established b_y
Section ,, City Code, City of Iowa City, Iowa:
Section 1. Complaint Review and Transmission The Board shall forward copies of all
complaints received to the Police Chief for investigation; or where the complaint concerns the
Police Chief, forward a copy of the complaint to the City Manager for investigation.
Section 2. Review of Police Chief's Report or City Manager's Report. The Board shall review
all Police Chief's Reports and City Manager's Reports concerning complaints. The Board shall
decide, on a simple majority vote of all members of the Board, the level of review to give each
Police Chief's or City Manager's Report, and the Board may select any or all of the following
levels of review:
a. On the record with no additional investigation;
b. Interview/meet with complainant;
C. Interview/meet with named officer(s) and other officers;
d. Request additional investigation by the Police Chief or City Manager, or request
police assistance in the Board's own investigation;
e. Performance by Board of its own additional investigation;
f. Hire independent investigators.
The Board shall apply a "reasonable basis" standard of review when reviewing the Police
Chief's or City Manager's Report. This requires the Board to give deference to the Police
Chief's or City Manager's Report because of the Police Chief's and City Manager's respective
professional expertise. The Board may recommend that the Police Chief or City Manager
reverse or modify their findings only if:
a. the findings are unsupported by substantial evidence;
b. the findings are unreasonable, arbitrary or capricious; or
C. the findings are contrary to a police department policy or practice, or any
federal, state, or local law.
When collecting and reviewing additional evidence, the Board shall rely on evidence which
reasonably prudent persons are accustomed to rely upon in the conduct of their serious
affairs.
At the conclusion of the Board's review, the Board shall issue a Public Report to the City
Council concerning the complaint investigation. Such Public Report shall include detailed
findings of fact concerning the complaint, together with a clearly articulated conclusion which
explains why and the extent to which the complaint is "sustained" or "not sustained". This
Public Report shall not include the names of the complainant or the police officers unless the
complaint is sustained. In addition, this Public Report shall not include any discipline or
personnel matters, although the Board may comment generally as to whether the Board
believes discipline is appropriate without commenting on the extent or form of the discipline.
A copy of this Public Report to the City Council shall be given to the complainant, the police
officer, the Police Chief and the City Manager.
The Board shall not issue a Report which is critical of the sworn police officer's conduct until
after a "name -clearing hearing" has been held, consistent with constitutional due process law.
The Board shall give notice of such hearing to both the police officer and the complainant so
that they may testify before the Board and present additional relevant evidence. The Board
shall be responsible for protection of all state and federal rights enjoyed by both the officer
and the complainant. The officer may waive the right to this hearing upon written waiver
submitted to the Board.
If the Board's Report is not critical of the officer's conduct, the Board is not required by law
to offer a hearing to the officer, but the Board may hold hearings as deemed appropriate by
the Board.
The Board's Report to the City Council shall be completed within thirty (30) calendar days of
receipt of the Chief's or City Manager's Report. The City Council may grant requests for
extensions to this deadline upon good cause shown.
Nothing in the Board's enabling ordinance or these by-laws shall in any way impede or
interfere with the Police Chief's and the City Manager's lawful ability to perform their
personnel supervisory duties over sworn police officers, including the ability to impose
discipline as deemed appropriate by the Police Chief or City Manager.
No findings or Report submitted to the Board or prepared by the Board shall be used in any
other proceedings.
Section 3. General Powers and Duties. The Board shall also carry out the following duties:
(1) Maintain a central registry of complaints.
(2) Collect data and do an annual report to the City Council which shall be public
and shall set forth the general types and numbers of complaints, disposition of the
complaints, the discipline which was imposed, if any, and demographic information.
This annual report shall not include the names of the complainants or officers involved
in complaints which were not sustained, and shall otherwise be in a form which
protects the confidentiality of the parties while providing the public with information
on the overall performance of the Police Department. The Board's annual report may
also include recommended changes in police practices, policies or procedures.
(3) In addition to the annual report, the Board shall, from time to time, report to
the City Council on police practices, procedures and policies, including recommended
changes, if appropriate.
(4) The Board shall adopt procedural rules and by-laws governing the Board's activi-
ties, including the receipt and processing of complaints, and such procedural rules and
by-laws shall be approved by the City Council.
Section 4. Limited Powers of the Board. The Board shall have the following limited powers:
(1) On its own motion, by a simple majority vote of all members of the Board, the
Board may file a complaint.
(2) The Board shall decide the level of review to give the Police Chief's or City
Manager's Report by a simple majority vote of all members of the Board.
(3) The Board has no power to review police officer personnel records or
disciplinary matters except to the extent such matters are made public by the City
Attorney.
(4) The Board has only limited civil, administrative review powers, and has no
power or authority over criminal matters. The Board is not a court of law, and is not
intended to substitute as a tort claims procedure or as litigation against the City.
(5) If criminal charges are brought or are being considered against a particular
police officer(s), the Board's review or investigation may proceed with interviewing
other officers or witnesses, or collecting documents, as appropriate. Any statements
given by an officer who is subject to criminal investigation cannot later be used against
the officer in a criminal proceeding, as provided under the Fifth Amendment to the U.S.
Constitution, unless such constitutional right is waived.
(6) The Board may obtain outside counsel and independent investigators in order
to carry out the Board's duties.
(7) The Board may hold general informational hearings concerning Police Depart-
ment practices, procedures or written policies, and such hearings will be public. The
Board shall then report the results of such general informational hearings to the City
Council, as the Board deems appropriate.
VII. PUBLIC RECORDS; EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records
obtained in investigation of any complaint shall be closed records unless a public
hearing is held or a contrary determination is made by Counsel to the Board pursuant
to the provisions Iowa Code Chapter 22.
(b) The minutes of any session closed under the provisions of Iowa Code Chapter 22
and/or Chapter _ shall be closed records.
(c) No member of the Board or of its staff shall disclose the filing of a complaint, the
information gathered during the investigation, or the endeavors to address and/or
eliminate any complained of act or practice by mediation, except as may be necessary
to conduct an investigation of a complaint. Noting in this provision shall prevent the
Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and/or Chief of Police, either in the
form of its required annual report or otherwise. This section does not prevent any
complainant, witness or other person from publicizing the filing of a complaint or the
matter therein complained of. Violation of these provisions by a member of the Board
or its staff shall constitute grounds for removal.
ARTICLE Vill. CONDUCT OF BOARD BUSINESS:
Section 1. Agenda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all regular Board meetings. Agendas are to be posted
at least 24 hours before the meeting and shall be sent to Board members and the media prior
to regular formal meetings. Copies will be available to the public at the meeting.
Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed
to Board and City Council members. Specific recommendations requiring Council action are
to be set off from the main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating
to the Board's duties as stated herein, and make such recommendations to the City Council
as are deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information,
requests for recommendations, and other matters are referred to the Board by the City
Council. The Board will initiate consideration of each item at the next regular Board meeting
and shall notify Council of its disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be
prepared by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as
designated by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an
affirmative vote of not less than three members of the Board at any regular meeting or at any
special meeting called for that purpose. Amendments shall be approved by the Council to
become effective.
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Ch 21, OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS) 358
SUBTITLE 9
RESTRAINTS ON GOVERNMENT
CHAPTER 21
OFFICIAL MEETINGS OPEN TO PUBLIC
(OPEN MEETINGS)
21.1
Intent — declaration of policy.
21.7
Rules of conduct at meetings.
21.2
Definitions.
21.8
Electronic meetings.
21.3
Meetings of governmental bodies.
21.9
Employment conditions discussed.
21.4
Public notice.
21.10
Information to be provided.
21.5
Closed session.
21.11
Applicability to nonprofit corporations.
21.6
Enforcement.
21.1 Intent — declaration of policy.
This chapter seeks to assure, through a require-
ment of open meetings of governmental bodies,
that the basis and rationale of governmental deci-
sions, as well as those decisions themselves, are
easily accessible to the people. Ambiguity in the
construction or application of this chapter should
be resolved in favor of openness.
[C79, 81, §28A.11
C85, §21.1
21.2 Definitions.
As used in this chapter:
1. "Gouernmental body" means:
a. A board, council, commission or other gov-
erning body expressly created by the statutes of
this state or by executive order.
b. A board, council, commission, or other gov-
erning body of a political subdivision or tax -
supported district in this state.
c. A multimembered body formally and directly
created by one or more boards, councils, commis-
sions, or other governing bodies subject to para-
graphs "a" and "b" of this subsection.
d. Those multimembered bodies to which the
state board of regents or a president of a university
has delegated the responsibility for the manage-
ment and control of the intercollegiate athletic pro-
grams at the state universities.
e. An advisory board, advisory commission, or
task force created by the governor or the general
assembly to develop and make recommendations
on public policy issues.
F A nonprofit corporation other than a county
or district fair or agricultural society, whose facili-
ties or indebtedness are supported in whole or in
part with property tax revenue and which is li-
censed to conduct pari-mutuel wagering pursuant
to chapter 99D or a nonprofit corporation which is
a successor to the nonprofit corporation which built
the facility.
g. A nonprofit corporation licensed to conduct
gambling games pursuant to chapter 99F.
h. An advisory board, advisory commission, ad-
visory committee, task force, or other body created
by statute or executive order of this state or created
by an executive order of a political subdivision of
this state to develop and make recommendations
on public policy issues.
2. "Meeting" means a gathering in person or by
electronic means, formal or informal, of a majority
of the members of a governmental body where
there is deliberation or action upon any matter
within the scope of the governmental body's policy -
making duties. Meetings shall not include a gath-
ering of members of a governmental body for pure-
ly ministerial or social purposes when there is no
discussion of policy or no intent to avoid the pur-
poses of this chapter.
3. "Open session" means a meeting to which all
members of the public have access.
[C71, 73, 75, 77, §28A.1; C79, 81, §28A.21
C85, §21.2
89 Acts, ch 73, §l; 90 Acts, ch 1175, §l; 90 Acts.
ch 1271, §701; 91 Acts, ch 258, §26; 93 Acts, ch 25.
§1
21.3 Meetings of governmental bodies.
Meetings of governmental bodies shall be pre-
ceded by public notice as provided in section 21.4
and shall be held in open session unless closed ses-
sions are expressly permitted by law. Except as
provided in section 21.5, all actions and discus-
sions at meetings of governmental bodies, whether
formal or informal, shall be conducted and execut-
ed in open session.
Each governmental body shall keep minutes of
all its meetings showing the date, time and place,
the members present, and the action taken at each
meeting. The minutes shall show the results of
each vote taken and information sufficient to indi-
359 OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS), §21.5
care the vote of each member present. The vote of
each member present shall be made public at the
open session. The minutes shall be public records
open to public inspection.
[C71, 73, 75, 77, §28A.1, 28A.5; C79, 81, §28A.31
C85,§21.3
93 Acts, ch 25, §2
21.4 Public notice.
1. A governmental body, except township
trustees, shall give notice of the time, date, and
place of each meeting, and its tentative agenda, in
a manner reasonably calculated to apprise the
public of that information. Reasonable notice shall
include advising the news media who have filed a
request for notice with the governmental body and
posting the notice on a bulletin board or other
prominent place which is easily accessible to the
public and clearly designated for that purpose at
the principal office of the body holding the meeting,
or if no such office exists, at the building in which
the meeting is to be held.
2. Notice conforming with all of the require-
ments of subsection 1 of this section shall be given
at least twenty-four hours prior to the commence-
ment of any meeting of a governmental body unless
for good cause such notice is impossible or imprac-
tical, in which case as much notice as is reasonably
possible shall be given. Each meeting shall be held
at a place reasonably accessible to the public, and
at a time reasonably convenient to the public, un-
less for good cause such a place or time is impossi-
ble or impractical. Special access to the meeting
may be granted to persons with disabilities.
When it is necessary to hold a meeting on less
than twenty-four hours' notice, or at a place that
is not reasonably accessible to the public, or at a
time that is not reasonably convenient to the pub-
lic, the nature of the good cause justifying that de-
parture from the normal requirements shall be
stated in the minutes.
3. A formally constituted subunit of a parent
governmental body may conduct a meeting with-
out notice as required by this section during a law-
ful meeting of the parent governmental body, a re-
cess in that meeting, or immediately following that
meeting, if the meeting of the subunit is publicly
announced at the parent meeting and the subject
of the meeting reasonably coincides with the sub-
jects discussed or acted upon by the parent govern-
mental body.
4. If another section of the Code requires a
manner of giving specific notice of a meeting, hear-
ing, or an intent to take action by a governmental
body, compliance with that section shall constitute
compliance with the notice requirements of this
section.
[C71, 73, 75, 77, 79, 81, §28A.41
C85, §21.4
96 Acts,ch 1129,§113
TeManoloU change applied
21.5 Closed session.
1. A governmental body may hold a closed ses-
sion only by affirmative public vote of either two-
thirds of the members of the body or all of the mem-
bers present at the meeting. A governmental body
may hold a closed session only to the extent a
closed session is necessary for any of the following
reasons:
a. To review or discuss records which are re-
quired or authorized by state or federal law to be
kept confidential or to be kept confidential as a con-
dition for that governmental body's possession or
continued receipt of federal funds.
b. To discuss application for letters patent.
c. To discuss strategy with counsel in matters
that are presently in litigation or where litigation
is imminent where its disclosure would be likely to
prejudice or disadvantage the position of the gov-
ernmental body in that litigation.
d. To discuss the contents of a licensing exami-
nation or whether to initiate licensee disciplinary
investigations or proceedings if the governmental
body is a licensing or examining board.
e. To discuss whether to conduct a hearing or
to conduct hearings to suspend or expel a student,
unless an open session is requested by the student
or a parent or guardian of the student if the stu-
dent is a minor.
f. To discuss the decision to be rendered in a
contested case conducted according to the provi-
sions of chapter 17A.
g. To avoid disclosure of specific law enforce-
ment matters, such as current or proposed investi-
gations, inspection or auditing techniques or
schedules, which if disclosed would enable law vio-
lators to avoid detection.
h. To avoid disclosure of specific law enforce-
ment matters, such as allowable tolerances or
criteria for the selection, prosecution or settlement
of cases, which if disclosed would facilitate disre-
gard of requirements imposed by law.
i. To evaluate the professional competency of
an individual whose appointment, hiring, perfor-
mance or discharge is being considered when nec-
essary to prevent needless and irreparable injury
to that individual's reputation and that individual
requests a closed session.
j. To discuss the purchase of particular real es-
tate only where premature disclosure could be rea-
sonably expected to increase the price the govern-
mental body would have to pay for that property.
The minutes and the tape recording of a session
closed under this paragraph shall be available for
public examination when the transaction dis-
cussed is completed.
2. The vote of each member on the question of
holding the closed session and the reason for hold-
ing the closed session by reference to a specific ex-
emption under this section shall be announced
publicly at the open session and entered in the
M
7
§21.5, OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS)
minutes. A governmental body shall not discuss
any business during a closed session which does
not directly relate to the specific reason announced
as justification for the closed session.
3. Final action by any governmental body on
any matter shall be taken in an open session unless
some other provision of the Code expressly permits
such actions to be taken in closed session.
4. A governmental body shall keep detailed
minutes of all discussion, persons present, and ac-
tion occurring at a closed session, and shall also
tape record all of the closed session. The detailed
minutes and tape recording of a closed session
shall be sealed and shall not be public records open
to public inspection. However, upon order of the
court in an action to enforce this chapter, the de-
tailed minutes and tape recording shall be un-
sealed and examined by the court in camera. The
court shall then determine what part, if any, of the
minutes should be disclosed to the party seeking
enforcement of this chapter for use in that enforce-
ment proceeding. In determining whether any por-
tion of the minutes or recording shall be disclosed
to such a party for this purpose, the court shall
weigh the prejudicial effects to the public interest
of the disclosure of any portion of the minutes or
recording in question, against its probative value
as evidence in an enforcement proceeding. After
such a determination, the court may permit inspec-
tion and use of all or portions of the detailed min-
utes and tape recording by the party seeking en-
forcement of this chapter. A governmental body
shall keep the detailed minutes and tape recording
of any closed session for a period of at least one
year from the date of that meeting.
5. Nothing in this section requires a govern-
mental body to hold a closed session to discuss or
act upon any matter.
[C71, 73, 75, 77, §28A.3; C79, 81, §28A.51
C85, §21.5
21.6 Enforcement.
1. The remedies provided by this section
against state governmental bodies shall be in addi-
tion to those provided by section 17A.19. Any ag-
grieved person, taxpayer to, or citizen of, the state
of Iowa, or the attorney general or county attorney,
may seek judicial enforcement of the requirements
of this chapter. Suits to enforce this chapter shall
be brought in the district court for the county in
which the governmental body has its principal
place of business.
2. Once a party seeking judicial enforcement of
this chapter demonstrates to the court that the
body in question is subject to the requirements of
this chapter and has held a closed session, the bur-
den of going forward shall be on the body and its
members to demonstrate compliance with the re-
quirements of this chapter.
3. Upon a finding by a preponderance of the ev-
idence that a governmental body has violated any
provision of this chapter, a court:
360
a. Shall assess each member of the governmen-
tal body who participated in its violation damages
in the amount of not more than five hundred dol-
lars nor less than one hundred dollars. These dam-
ages shall be paid by the court imposing it to the
state of Iowa, if the body in question is a state gov-
ernmental body, or to the local government in-
volved if the body in question is a local governmen-
tal body. A member of a governmental body found
to have violated this chapter shall not be assessed
such damages if that member proves that the
member did any of the following:
(1) Voted against the closed session.
(2) Had good reason to believe and in good faith
believed facts which, if true, would have indicated
compliance with all the requirements of this chap-
ter.
(3) Reasonably relied upon a decision of a court
or a formal opinion of the attorney general or the
attorney for the governmental body.
6. Shall order the payment of all costs and rea-
sonable attorneys fees to any party successfully es-
tablishing a violation of this chapter. The costs and
fees shall be paid by those members of the govern-
mental body who are assessed damages under
paragraph "a" of this subsection. If no such mem-
bers exist because they have a lawful defense
under that paragraph to the imposition of such
damages, the costs and fees shall be paid to the
successful party from the budget of the offending
governmental body or its parent.
c. Shall void any action taken in violation of
this chapter, if the suit for enforcement of this
chapter is brought within six months of the viola-
tion and the court finds under the facts of the par-
ticular case that the public interest in the enforce-
ment of the policy of this chapter outweighs the
public interest in sustaining the validity of the ac-
tion taken in the closed session. This paragraph
shall not apply to an action taken regarding the is-
suance of bonds or other evidence of indebtedness
of a governmental body if a public hearing, election
or public sale has been held regarding the bonds or
evidence of indebtedness.
d. Shall issue an order removing a member of
a governmental body from office if that member
has engaged in two prior violations of this chapter
for which damages were assessed against the
member during the member's term.
e. May issue a mandatory injunction punish-
able by civil contempt ordering the members of the
offending governmental body to refrain for one
year from any future violations of this chapter.
4. Ignorance of the legal requirements of this
chapter shall be no defense to an enforcement pro-
ceeding brought under this section. A governmen-
tal body which is in doubt about the legality of clos-
ing a particular meeting is authorized to bring suit
at the expense of that governmental body in the
district court of the county of the governmental
body's principal place of business to ascertain the
propriety of any such action, or seek a formal opin-
361 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), Ch 22
ion of the attorney general or an attorney for the
governmental body.
[C71, 73, 75, 77, §28A.7, 28A.8; C79, 81, §28A.6]
C85, §21.6
21.7 Rules of conduct at meetings.
The public may use cameras or recording devices
at any open session. Nothing in this chapter shall
prevent a governmental body from making and en-
forcing reasonable rules for the conduct of its meet-
ings to assure those meetings are orderly, and free
from interference or interruption by spectators.
[C79, 81, §28A.71
C85, §21.7
21.8 Electronic meetings.
1. A governmental body may conduct a meeting
by electronic means only in circumstances where
such a meeting in person is impossible or impracti-
cal and only if the governmental body complies
with all of the following:
a. The governmental body provides public ac-
cess to the conversation of the meeting to the ex-
tent reasonably possible.
b. The governmental body complies with sec-
tion 21.4. For the purpose of this paragraph, the
place of the meeting is the place from which the
communication originates or where public access is
provided to the conversation.
c. Minutes are kept of the meeting.
The minutes shall include a statement explain-
ing why a meeting in person was impossible or im-
practical.
2. A meeting conducted in compliance with this
section shall not be considered in violation of this
chapter.
3. A meeting by electronic means may be con-
ducted without complying with paragraph "a" of
subsection 1 if conducted in accordance with all of
the requirements for a closed session contained in
section 21.5.
[C79, 81, §28A.81
C85, §21.8
21.9 Employment conditions discussed.
A meeting of a governmental body to discuss
strategy in matters relating to employment condi-
tions of employees of the governmental body who
are not covered by a collective bargaining agree-
ment under chapter 20 is exempt from this chap-
ter. For the purpose of this section, "employment
conditions" mean areas included in the scope of ne-
gotiations listed in section 20.9.
[81 Acts, ch 30, §11
C83, §28A.9
C85, §21.9
21.10 Information to be provided.
The authority which appoints members of gov-
ernmental bodies shall provide the members with
information about this chapter and chapter 22.
The appropriate commissioner of elections shall
provide that information to members of elected
governmental bodies.
89 Acts, ch 73, §2
21.11 Applicability to nonprofit corpora-
tions.
This chapter applies to nonprofit corporations
which are defined as governmental bodies subject
to section 21.2, subsection 1, paragraph f ", only
when the meetings conducted by the nonprofit cor-
porations relate to the conduct of pari-mutuel rac-
ing and wagering pursuant to chapter 99D.
90 Acts, ch 1175, §2
CHAPTER 22
EXAMINATION OF PUBLIC RECORDS
(OPEN RECORDS)
22.1
Definitions,
22.8
Injunction to restrain examination.
222 2
Right to examine public records — exceptions.
22.9
Denial of federal funds — rules.
") 3
Supervision.
22.10
Civil enforcement.
22.3A
Access to data processing software.
22.11
Fair information practices.
22A
Hours when available.
22.12
Political subdivisions.
22,5
Enforcement of rights.
22.13
Settlements — governmental bodies.
22.6
Penalty,
22.14
Public funds investment records in custody of
22 7.
Confidential records.
third parties.
LA
§22.1, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS)
22.1 Definitions.
1. The term "government body" means this
state, or any county, city, township, school corpora-
tion, political subdivision, tax -supported district,
nonprofit corporation other than a county or dis-
trict fair or agricultural society, 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 other entity of this state, or any branch, de-
partment, board, bureau, commission, council,
committee, official or officer, of any of the foregoing
or any employee delegated the responsibility for
implementing the requirements of this chapter.
2. The term `lawful custodian" means the gov-
ernment body currently in physical possession of
the public record. The custodian of a public record
in the physical possession of persons outside a gov-
ernment body is the government body owning that
record. The records relating to the investment of
public funds are the property of the public body re-
sponsible for the public funds. Each government
body shall delegate to particular officials or em-
ployees of that government body the responsibility
for implementing the requirements of this chapter
and shall publicly announce the particular officials
or employees to whom responsibility for imple-
menting the requirements of this chapter has been
delegated. "Lawful custodian" does not mean an
automated data processing unit of a public body if
the data processing unit holds the records solely as
the agent of another public body, nor does it mean
a unit which holds the records of other public bod-
ies solely for storage.
3. As used in this chapter, "public records" in-
cludes all records, documents, tape, or other infor-
mation, stored or preserved in any medium, of or
belonging to this state or any county, city, town-
ship, school corporation, political subdivision, non-
profit corporation other than a county or district
fair or agricultural society, whose facilities or in-
debtedness are supported in whole or in part with
property tax revenue and which is licensed to con-
duct 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.
"Public records" also includes all records relating
to the investment of public funds including but not
limited to investment policies, instructions, trad-
ing orders, or contracts, whether in the custody of
the public body responsible for the public funds or
a fiduciary or other third party.
[C71, 73, 75, 77, 79, 81, §68A.11
84 Acts, ch 1145, §1; 84 Acts, ch 1185, §1
C85, §22.1
90 Acts, ch 1271, §702; 91 Acts, ch 258, §27; 92
Acts, ch 1156, §6, 7
362
22.2 Right to examine public records — ex.
ceptions.
1. Every person shall have the right to examine
and copy public records and to publish or otherwise
disseminate public records or the information con-
tained therein. The right to copy public records
shall include the right to make photographs or pho-
tographic copies while the records are in the pos-
session of the custodian of the records. All rights
under this section are in addition to the right to ob-
tain certified copies of records under section
622.46.
2. A government body shall not prevent the ex-
amination or copying of a public record by contract-
ing with a nongovernment body to perform any of
its duties or functions.
3. However, notwithstanding subsections 1
and 2, a government body is not required to permit
access to or use of the following:
a. A geographic computer database by any per-
son except upon terms and conditions acceptable to
the governing body. The governing body shall es-
tablish reasonable rates and procedures for the re-
trieval of specified records, which are not confiden-
tial records, stored in the data base upon the
request of any person.
b. Data processing software developed by the
government body, as provided in section 22.3A.
[C71, 73, 75, 77, 79, 81, §68A.21
84 Acts, ch 1185,§2
C85, §22.2
89 Acts, ch 189, §1; 96 Acts, ch 1099, §14
Subsection 3 amended
22.3 Supervision.
Such examination and copying shall be done
under the supervision of the lawful custodian of
the records or the custodian's authorized deputy.
The lawful custodian may adopt and enforce rea-
sonable rules regarding such work and the protec-
tion of the records against damage or disorganiza-
tion. The lawful custodian shall provide a suitable
place for such work, but if it is impracticable to do
such work in the office of the lawful custodian, the
person desiring to examine or copy shall pay any
necessary expenses of providing a place for such
work. All expenses of such work shall be paid by
the person desiring to examine or copy. The lawful
custodian may charge a reasonable fee for the serv-
ices of the lawful custodian or the custodian's au-
thorized deputy in supervising the records during
such work. If copy equipment is available at the of-
fice of the lawful custodian of any public records,
the lawful custodian shall provide any person a
reasonable number of copies of any public record in
the custody of the office upon the payment of a fee.
The fee for the copying service as determined by
..od EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), 122.3A
the lawful custodian shall not exceed the cost of
providing the service.
(C71, 73, 75, 77, 79, 81, §68A.31
C85, §22.3
22.3A Access to data processing software.
1. As used in this section:
a. "Access" means the instruction of, communi-
cation with, storage of data in, or retrieval of data
from a computer.
b. "Computer" means an electronic device
which performs logical, arithmetical, and memory
functions by manipulations of electronic or mag-
netic impulses, and includes all input, output, pro-
cessing, storage, and communication facilities
which are connected or related to the computer in-
cluding a computer network. As used in this para-
graph, "computer" includes any central processing
unit, front-end processing unit, mintprocessor, or
microprocessor, and related peripheral equipment
such as data storage devices, document scanners,
data entry terminal controllers, and data terminal
equipment and systems for computer networks.
c. "Computer network" means a set of related,
remotely connected devices and communication fa-
cilities including two or more computers with capa-
'ity to transmit data among them through com-
tnunication facilities.
d. Data" means a representation of informa-
tion, knowledge, facts, concepts, or instructions
that has been prepared or is being prepared in a
formalized manner and has been processed, or is
intended to be processed, in a computer. Data may
be stored in any form, including but not limited to
a printout, magnetic storage media, disk, compact
disc, punched card, or as memory of a computer.
e. "Data processing software" means an ordered
set of instructions or statements that, when exe-
cuted by a computer, causes the computer to proc-
ess data, and includes any program or set of pro -
;rams, procedures, or routines used to employ and
control capabilities of computer hardware. As used
:n this paragraph "data processing software" in-
ciudes but is not limited to an operating system,
compiler, assembler, utility, library resource,
maintenance routine, application, or computer net-
working program.
2. A government body may provide, restrict, or
prohibit access to data processing software devel-
oped by the government body, regardless of wheth-
rr the data processing software is separated or
;ombined with a public record. A government body
-nali establish policies and procedures to provide
.access to public records which are combined with
lts data processing software. A public record shall
^.ot be Withheld from the public because it is earn -
"coed with data processing software. A govern-
.nent body shall not acquire any electronic data
Processing system for the storage, manipulation,
or retrieval of public records that would impair the
401ernment body's ability to permit the examina-
tton of a public record and the copying of a public
record in either written or electronic form. If it is
necessary to separate a public record from data
processing software in order to permit the exami-
nation or copying of the public record, the govern-
ment body shall bear the cost of separation of the
public record from the data processing software.
The electronic public record shall be made avail-
able in a format useable with commonly available
data processing or data base management soft-
ware. The cost chargeable to a person receiving a
public record separated from data processing soft-
ware under this subsection shall not be in excess
of the charge under this chapter unless the person
receiving the public record requests that the public
record be specially processed. A government body
may establish payment rates and procedures re-
quired to provide access to data processing soft-
ware, regardless of whether the data processing
software is separated from or combined with a pub-
lic record. Proceeds from payments may be consid-
ered repayment receipts, as defined in section 8.2.
The payment amount shall be calculated as fol-
lows:
a. If access to the data processing software is
provided to a person solely for the purpose of ac-
cessing a public record, the amount shall be not
more than that required to recover direct publica-
tion costs, including but not limited to editing,
compilation, and media production costs, incurred
by the government body in developing the data pro-
cessing software, and preparing the data process-
ing software for transfer to the person. The amount
shall be in addition to any other fee required to be
paid under this chapter for the examination and
copying of a public record. The government body
shall, if requested, provide documentation which
explains and justifies the amount charged. This
paragraph shall not apply to any publication for
which a price has been established pursuant to an-
other section, including section 7A.22.
b. If access to the data processing software is
provided to a person for a purpose other than pro-
vided in paragraph "a", the amount may be estab-
lished according to the discretion of the govern-
ment body, and may be based upon competitive
market considerations as determined by the gov-
ernment body.
3. A government body is granted and may
apply for and receive any legal protection neces-
sary to secure a right to or an interest in data pro-
cessing software developed by the government
body, including but not limited to federal copy-
right, patent, and trademark protections, and any
trade secret protection available under chapter
550. The government body may enter into agree-
ments for the sale or distribution of its data pro-
cessing software, including marketing and licens-
ing agreements. The government body may impose
conditions upon the use of the data processing soft-
ware that is otherwise consistent with state and
federal law.
96 Acts, ch 1099, §15
NEW section
T
1
§22.4, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS)
22.4 Hours when available.
The rights of persons under this chapter may be
exercised at any time during the customary office
hours of the lawful custodian of the records. How-
ever, if the lawful custodian does not have custom-
ary office hours of at least thirty hours per week,
such right may be exercised at any time from nine
o'clock a.m. to noon and from one o'clock p.m, to
four o'clock p.m. Monday through Friday, exclud-
ing legal holidays, unless the person exercising
such right and the lawful custodian agree on a dif-
ferent time.
[C71, 73, 75, 77, 79, 81, §68A.41
84 Acts, ch 1185, §3
C85, §22.4
22.5 Enforcement of rights.
The provisions of this chapter and all rights of
persons under this chapter may be enforced by
mandamus or injunction, whether or not any other
remedy is also available. In the alternative, rights
under this chapter also may be enforced by an ac-
tion for judicial review according to the provisions
of the Iowa administrative procedure Act, if the
records involved are records of an "agency" as de-
fined in that Act.
[C71, 73, 75, 77, 79, 81, §68A.51
84 Acts, ch 1185, §4
C85, §22.5
22.6 Penalty.
It shall be unlawful for any person to deny or re-
fuse any citizen of Iowa any right under this chap-
ter, or to cause any such right to be denied or re-
fused. Any person knowingly violating or
attempting to violate any provision of this chapter
where no other penalty is provided shall be guilty
of a simple misdemeanor.
[C71, 73, 75, 77, 79, 81, §68A.61
C85, §22.6
22.7 Confidential records.
The following public records shall be kept confi-
dential, unless otherwise ordered by a court, by the
lawful custodian of the records, or by another per-
son duly authorized to release such information:
1. Personal information in records regarding a
student, prospective student, or former student
maintained, created, collected or assembled by or
for a school corporation or educational institution
maintaining such records.
2. Hospital records, medical records, and pro-
fessional counselor records of the condition, diag-
nosis, care, or treatment of a patient or former pa-
tient or a counselee or former counselee, including
outpatient. However, confidential communications
between a crime victim and the victim's counselor
are not subject to disclosure except as provided in
section 236A.1. However, the Iowa department of
public health shall adopt rules which provide for
the sharing of information among agencies con-
cerning the maternal and child health program,
while maintaining an individual's confidentiality.
364
3. Trade secrets which are recognized and pro-
tected as such by law.
4. Records which represent and constitute the
work product of an attorney, which are related to
litigation or claim made by or against a public
body.
5. Peace officers' investigative reports, except
where disclosure is authorized elsewhere in this
Code. However, the date, time, specific location,
and immediate facts and circumstances surround-
ing a crime or incident shall not be kept confiden-
tial under this section, except in those unusual cir-
cumstances where disclosure would plainly and
seriously jeopardize an investigation or pose a
clear and present danger to the safety of an indi-
vidual
6. Reports to governmental agencies which, if
released, would give advantage to competitors and
serve no public purpose.
7. Appraisals or appraisal information con-
cerning the purchase of real or personal property
for public purposes, prior to public announcement
of a project.
8. Iowa department of economic development
information on an industrial prospect with which
the department is currently negotiating.
9. Criminal identification files of law enforce-
ment agencies. However, records of current and
prior arrests and criminal history data shall be
public records.
10. Personal information in confidential per-
sonnel records of the military division of the de-
partment of public defense of the state.
11. Personal information in confidential per-
sonnel records of public bodies including but not
limited to cities, boards of supervisors and school
districts.
12. Financial statements submitted to the de-
partment of agriculture and land stewardship pur-
suant to chapter 203 or chapter 203C, by or on be-
half of a licensed grain dealer or warehouse
operator or by an applicant for a grain dealer li-
cense or warehouse license.
13. The records of a library which, by them-
selves or when examined with other public records,
would reveal the identity of the library patron
checking out or requesting an item or information
from the library. The records shall be released to
a criminal orjuvenile justice agency only pursuant
to an investigation of a particular person or organi-
zation suspected of committing a known crime. The
records shall be released only upon a judicial deter-
mination that a rational connection exists between
the requested release of information and a legiti-
mate end and that the need for the information is
cogent and compelling.
14. The material of a library, museum or ar-
chive which has been contributed by a private per,
son to the extent of any limitation that is a condi-
tion of the contribution.
15. Information concerning the procedures to
be used to control disturbances at adult correction-
365 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.7
al institutions. Such information shall also be ex-
empt from public inspection under section 17A.3.
As used in this subsection disturbance means a riot
or a condition that can reasonably be expected to
cause a riot.
16. Information in a report to the Iowa depart-
ment of public health, to a local board of health, or
to a local health department, which identifies a
person infected with a reportable disease.
17. Records of identity of owners of public
bonds or obligations maintained as provided in sec-
tion 76.10 or by the issuer of the public bonds or ob-
ligations. However, the issuer of the public bonds
or obligations and a state or federal agency shall
have the right of access to the records.
18. Communications not required by law, rule,
or procedure that are made to a government body
or to any of its employees by identified persons out-
side of government, to the extent that the govern-
ment body receiving those communications from
such persons outside of government could reason-
ably believe that those persons would be discour-
aged from making them to that government body
if they were available for general public examina-
tion. Notwithstanding this provision:
1. The communication is a public record to the
ent that the person outside of government mak-
ing that communication consents to its treatment
as a public record.
b. Information contained in the communica-
tion is a public record to the extent that it can be
disclosed without directly or indirectly indicating
the identity of the person outside of government
making it or enabling others to ascertain the iden-
tity of that person.
c. Information contained in the communication
is a public record to the extent that it indicates the
date, time, specific location, and immediate facts
and circumstances surrounding the occurrence of
a crime or other illegal act, except to the extent
that its disclosure would plainly and seriously
jeopardize a continuing investigation or pose a
clear and present danger to the safety of any per-
son. In any action challenging the failure of the
lawful custodian to disclose any particular infor-
mation of the kind enumerated in this paragraph,
the burden of proof is on the lawful custodian to
demonstrate that the disclosure of that informa-
tion would jeopardize such an investigation or
would pose such a clear and present danger.
19. Examinations, including but not limited to
cognitive and psychological examinations for law
enforcement officer candidates administered by or
on behalf of a governmental body, to the extent
that their disclosure could reasonably be believed
h" the custodian to interfere with the accomplish-
t of the objectives for which they are adminis-
.ed.
20. Memoranda, work products and case files of
a mediator and all other confidential communica-
tions in the possession of an approved dispute reso-
lution center, as provided in chapter 679. Informa-
0
tion in these confidential communications is sub-
ject to disclosure only as provided in section
679.12, notwithstanding this chapter.
21. Information concerning the nature and lo-
cation of any archaeological resource or site if, in
the opinion of the state archaeologist, disclosure of
the information will result in unreasonable risk of
damage to or loss of the resource or site where the
resource is located. This subsection shall not be
construed to interfere with the responsibilities of
the federal government or the state historical pres-
ervation officer pertaining to access, disclosure,
and use of archaeological site records.
22. Information concerning the nature and lo-
cation of any ecologically sensitive resource or site
if, in the opinion of the director of the department
of natural resources after consultation with the
state ecologist, disclosure of the information will
result in unreasonable risk of damage to or loss of
the resource or site where the resource is located.
This subsection shall not be construed to interfere
with the responsibilities of the federal government
or the director of the department of natural re-
sources and the state ecologist pertaining to ac-
cess, disclosure, and use of the ecologically sensi-
tive site records.
23. Reports or recommendations of the Iowa in-
surance guaranty association filed or made pursu-
ant to section 515B.10, subsection 1, paragraph
"a", subparagraph (2).
24. Information or reports collected or submit-
ted pursuant to section 508C. 12, subsections 3 and
5, and section 508C.13, subsection 2, except to the
extent that release is permitted under those sec-
tions.
25. Records of purchases of alcoholic liquor
from the alcoholic beverages division of the depart-
ment of commerce which would reveal purchases
made by an individual class "E" liquor control li-
censee. However, the records may be revealed for
law enforcement purposes or for the collection of
payments due the division pursuant to section
123.24.
26. Financial information, which if released
would give advantage to competitors and serve no
public purpose, relating to commercial operations
conducted or intended to be conducted by a person
submitting records containing the information to
the department of agriculture and land steward-
ship for the purpose of obtaining assistance in busi-
ness planning.
27. Applications, investigation reports, and
case records of persons applying for county general
assistance pursuant to section 252.25.
28. Marketing and advertising budget and
strategy of a nonprofit corporation which is subject
to this chapter. However, this exemption does not
apply to salaries or benefits of employees who are
employed by the nonprofit corporation to handle
the marketing and advertising responsibilities.
29. The information contained in records of the
centralized employee registry created in chapter
§22.7, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS)
252G, except to the extent that disclosure is autho-
rized pursuant to chapter 252G.
30. Records and information obtained or held
by independent special counsel during the course
of an investigation conducted pursuant to section
68B.34. Information that is disclosed to a legisla-
tive ethics committee subsequent to a determina-
tion of probable cause by independent special coun-
sel and made pursuant to section 68B.31 is not a
confidential record unless otherwise provided by
law.
31. Information contained in a declaration of
paternity completed and filed with the state regis-
trar of vital statistics pursuant to section 144.12A,
except to the extent that the information may be
provided to persons in accordance with section
144.12A.
32. Memoranda, work products, and case files
of a mediator and all other confidential communi-
cations in the possession of a mediator, as provided
in chapters 86 and 216. Information in these confi-
dential communications is subject to disclosure
only as provided in sections 86.44 and 216.15B,
notwithstanding any other contrary provision of
this chapter.
33. Social security numbers of the owners of
unclaimed property reported to the treasurer of
state pursuant to section 556.11, subsection 2, in-
cluded on claim forms filed with the treasurer of
state pursuant to section 556.19, included in out-
dated warrant reports received by the treasurer of
state pursuant to section 25.2, or stored in record
systems maintained by the treasurer of state for
purposes of administering chapter 556, or social se-
curity numbers of payees included on state war-
rants included in records systems maintained by
the department of revenue and finance for the pur-
pose of documenting and tracking outdated war-
rants pursuant to section 25.2.
34. Data processing software, as defined in sec-
tion 22.3A, which is developed by a government
body.
35. A record required under the Iowa financial
transaction reporting Act listed in section 529.2,
subsection 9.
36. Records of the Iowa department of public
health pertaining to participants in the gambling
treatment program except as otherwise provided
in this chapter.
[C71, 73, 75, 77, 79, 81, §68A.7; 81 Acts, ch 36,
§I, ch 37, §1, ch 38, §1, ch 62, §41
83 Acts, ch 90, §9; 84 Acts, ch 1014, §1; 84 Acts,
ch 1185, §5, 6
C85, §22.7
85 Acts, ch 134, § 16; 85 Acts, ch 175, §1; 85 Acts,
ch 208, §1; 86 Acts, ch 1184, §1; 86 Acts, ch 1228,
§1; 87 Acts, ch 223, §20; 88 Acts, ch 1010, §1; 88
Acts, ch 1256, §1; 89 Acts, ch 194, §1; 89 Acts, ch
3049 §102; 89 Acts, ch 311, §22; 90 Acts, ch 1017,
§1; 90 Acts, ch 1271, §703; 92 Acts, ch 1212, §3; 93
Acts, ch 79, §2; 93 Acts, ch 163, §27; 94 Acts, ch
1023, §76; 94 Acts, ch 1064, §1; 94 Acts, ch 1092,
366
§1; 94 Acts, ch 1174, §1; 95 Acts, ch 100, §1; 95 Acts,
ch 129, §1; 95 Acts, ch 191, §1; 96 Acts, ch 1037, §1;
96 Acts, ch 1099, §16; 96 Acts, ch 1133, §38; 96
Acts, ch 1150, §1; 96 Acts, ch 1212, §10
Subsection 9 amended
NEW subsection. 33-36
22.8 Injunction to restrain examination.
1. The district court may grant an injunction
restraining the examination, including copying, of
a specific public record or a narrowly drawn class
of public records. A hearing shall be held on a re-
quest for injunction upon reasonable notice as de-
termined by the court to persons requesting access
to the record which is the subject of the request for
injunction. It shall be the duty of the lawful custo-
dian and any other person seeking an injunction to
ensure compliance with the notice requirement.
Such an injunction may be issued only if the peti-
tion supported by affidavit shows and if the court
finds both of the following:
a. That the examination would clearly not be in
the public interest,
b. That the examination would substantially
and irreparably injure any person or persons.
2. An injunction shall be subject to the rules of
civil procedure except that the court in its discre-
tion may waive bond.
3. In actions brought under this section the dis-
trict court shall take into account the policy of this
chapter that free and open examination of public
records is generally in the public interest even
though such examination may cause inconve-
nience or embarrassment to public officials or oth-
ers. A court may issue an injunction restraining ex-
amination of a public record or a narrowly drawn
class of such records, only if the person seeking the
injunction demonstrates by clear and convincing
evidence that this section authorizes its issuance.
An injunction restraining the examination of a
narrowly drawn class of public records may be is-
sued only if such an injunction would be justified
under this section for every member within the
class of records involved if each of those members
were considered separately.
4. Good -faith, reasonable delay by a lawful cus-
todian in permitting the examination and copying
of a government record is not a violation of this
chapter if the purpose of the delay is any of the fol-
lowing:
a. To seek an injunction under this section.
b. To determine whether the lawful custodian
is entitled to seek such an injunction or should seek
such an injunction.
c. To determine whether the government rec-
ord in question is a public record, or confidential
record.
d. To determine whether a confidential record
should be available for inspection and copying to
the person requesting the right to do so. A reason-
able delay for this purpose shall not exceed twenty
calendar days and ordinarily should not exceed ten
business days.
367 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), 422.11
e. Actions for injunctions under this section
may be brought by the lawful custodian of a gov-
ernment record, or by another government body or
person who would be aggrieved or adversely affect-
ed by the examination or copying of such a record.
f The rights and remedies provided by this sec-
tion are in addition to any rights and remedies pro-
vided by section 17A.19.
[C71, 73, 75, 77, 79, 81, §68A.81
84 Acts, ch 1185, §7
C85, §22.8
22.9 Denial of federal funds — rules.
If it is determined that any provision of this
chapter would cause the denial of funds, services
or essential information from the United States
government which would otherwise definitely be
available to an agency of this state, such provision
shall be suspended as to such agency, but only to
the extent necessary to prevent denial of such
funds, services, or essential information.
An agency within the meaning of section 17A.2,
subsection 1 shall adopt as a rule, in each situation
where this section is believed applicable, its deter-
mination identifying those particular provisions of
this chapter that must be waived in the circum-
stances to prevent the denial of federal funds, serv-
ices, or information.
[C71, 73, 75, 77, 79, 81, §68A.91
84 Acts, ch 1185, §8
C85, §22.9
22.10 Civil enforcement.
1. The rights and remedies provided by this
section are in addition to any rights and remedies
provided by section 17A. 19. Any aggrieved person,
any taxpayer to or citizen of the state of Iowa, or
the attorney general or any county attorney, may
seek judicial enforcement of the requirements of
this chapter in an action brought against the law-
ful custodian and any other persons who would be
appropriate defendants under the circumstances.
Suits to enforce this chapter shall be brought in the
district court for the county in which the lawful
custodian has its principal place of business.
?. Once a party seeking judicial enforcement of
this chapter demonstrates to the court that the de-
fendant is subject to the requirements of this chap-
ter, that the records in question are government
records, and that the defendant refused to make
.hose government records available for examina-
tion and copying by the plaintiff, the burden of
;ring forward shall be on the defendant to demon-
-trate compliance with the requirements of this
:hapter.
?. Upon a finding by a preponderance of the ev-
,drnce that a lawful custodian has violated any
pr,nision of this chapter, a court:
a, Shall issue an injunction punishable by civil
contempt ordering the offending lawful custodian
snd other appropriate persons to comply with the
requirements of this chapter in the case before it
and, if appropriate, may order the lawful custodian
and other appropriate persons to refrain for one
year from any future violations of this chapter.
b. Shall assess the persons who participated in
its violation damages in the amount of not more
than five hundred dollars nor less than one hun-
dred dollars. These damages shall be paid by the
court imposing them to the state of Iowa if the body
in question is a state government body, or to the
local government involved if the body in question
is a local government body. A person found to have
violated this chapter shall not be assessed such
damages if that person proves that the person ei-
ther voted against the action violating this chap-
ter, refused to participate in the action violating
this chapter, or engaged in reasonable efforts
under the circumstances to resist or prevent the
action in violation of this chapter; had good reason
to believe and in good faith believed facts which, if
true, would have indicated compliance with the re-
quirements of this chapter; or reasonably relied
upon a decision of a court or an opinion of the attor-
ney general or the attorney for the government
body.
c. Shall order the payment of all costs and rea-
sonable attorneys fees, including appellate attor-
neys fees, to any plaintiff successfully establishing
a violation of this chapter in the action brought
under this section. The costs and fees shall be paid
by the particular persons who were assessed dam-
ages under paragraph "b" of this subsection. If no
such persons exist because they have a lawful de-
fense under that paragraph to the imposition of
such damages, the costs and fees shall be paid to
the successful plaintiff from the budget of the of-
fending government body or its parent.
d. Shall issue an order removing a person from
office if that person has engaged in two prior viola-
tions of this chapter for which damages were as-
sessed against the person during the person's
term.
4. Ignorance of the legal requirements of this
chapter is not a defense to an enforcement proceed-
ing brought under this section. A lawful custodian
or its designee in doubt about the legality of allow-
ing the examination or copying or refusing to allow
the examination or copying of a government record
is authorized to bring suit at the expense of that
government body in the district court of the county
of the lawful custodian's principal place of busi-
ness, or to seek an opinion of the attorney general
or the attorney for the lawful custodian, to ascer-
tain the legality of any such action.
5. Judicial enforcement under this section does
not preclude a criminal prosecution under section
22.6 or any other applicable criminal provision.
84 Acts, ch 1185, §9
22.11 Fair information practices.
This section may be cited as the "Iowa Fair Infor-
mation Practices Act". It is the intent of this section
to require that the information policies of state
122.11, EXAMINATION OF PUB11C RECORDS (OPEN RECORDS)
398
agencies are clearly defined and subject to public
review and comment.
1. Each state agency as defined in chapter 17A
shall adopt rules which provide the following:
a. The nature and extent of the personally
identifiable information collected by the agency,
the legal authority for the collection of that infor-
mation, and a description of the means of storage.
b. A description of which of its records are pub-
lic records, which are confidential records, and
which are partially public and partially confiden-
tial records and the legal authority for the confi-
dentiality of the records. The description shall in-
dicate whether the records contain personally
identifiable information.
c. The procedure for providing the public with
access to public records.
d. The procedures for allowing a person to re-
view a government record about that person and
have additions, dissents, or objections entered in
that record unless the review is prohibited by stat-
ute.
e. The procedures by which the subject of a con-
fidential record may have a copy of that record re-
leased to a named third party.
f. The procedures by which the agency shall no-
tify persons supplying information requested by
the agency of the use that will be made of the infor-
mation, which persons outside of the agency might
routinely be provided this information, which
parts of the information requested are required
and which are optional and the consequences of
failing to provide the information requested.
g. Whether a data processing system matches,
collates, or permits the comparison of personally
identifiable information in one record system with
personally identifiable information in another rec-
ord system.
2. A state agency shall not use any personally
identifiable information after July 1, 1988, unless
it is in a record system described by the rules re-
quired by this section.
84 Acts, ch 1185,§10
22.12 Political subdivisions.
A political subdivision or public body which is
not a state agency as defined in chapter 17A is not
required to adopt policies to implement section
22.11. However, if a public body chooses to adopt
policies to implement section 22.11 the policies
must be adopted by the elected governing body of
the political subdivision of which the public body
is a part. The elected governing body must give
reasonable notice, make the proposed policy avail-
able for public inspection and allow full opportuni-
ty for the public to comment before adopting the
policy. If the public body is established pursuant to
an agreement under chapter 28E, the policy must
be adopted by a majority of the public agencies
party to the agreement. These policies shall be
kept in the office of the county auditor if adopted
by the board of supervisors, the city clerk if adopt-
ed by a city, and the chief administrative officer of
the public body if adopted by some other elected
governing body.
84 Acts, ch 1185, §11
22.13 Settlements — governmental bodies.
A written summary of the terms of settlement,
including amounts of payments made to or through
a claimant, or other disposition of any claim for
damages made against a governmental body or
against an employee, officer, or agent of a govern-
mental body, by an insurer pursuant to a contract
of liability insurance issued to the governmental
body, shall be filed with the governmental body
and shall be a public record.
91 Acts, ch 96, §1
22.14 Public funds investment records in
custody of third parties.
1. The records of investment transactions
made by or on behalf of a public body are public rec-
ords and are the property of the public body wheth-
er in the custody of the public body or in the custo-
dy of a fiduciary or other third party.
2. If such records of public investment transac-
tions are in the custody of a fiduciary or other third
party, the public body shall obtain from the fidu-
ciary or other third party records requested pursu-
ant to section 22.2.
3. If a fiduciary or other third party with custo-
dy of public investment transactions records fails
to produce public records within a reasonable peri-
od of time as requested by the public body, the pub-
lic body shall make no new investments with or
through the fiduciary or other third party and shall
not renew existing investments upon their maturi-
ty with or through the fiduciary or other third
party. The fiduciary or other third party shall be
liable for the penalties imposed under section 22.6
due to the acts or omissions of the fiduciary or
other third party and any other remedies available
under statute, common law, or contract.
92 Acts, ch 1156, §8