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HomeMy WebLinkAboutResolution 22-167Prepared by: Susan Dulek, First Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 Resolution No. 22-167 Resolution adopting a public records policy and rescinding Resolution No. 07-260. Whereas, Iowa Code § 22.1(2) provides each governmental body shall delegate to particular officials and employees the responsibility for implementing the requirements of Chapter 22 regarding the examination of public records and the governmental body shall publicly announce the particular officials or employees to whom responsibility to implement the requirements of Chapter 22 has been delegated; and Whereas, Iowa Code § 22.1(3) defines public records" as "all records, documents, tape, or other information stored or preserved in any medium, or belonging" to the City of Iowa City; and Whereas, Resolution No. 07-260 adopted the Public Records Policy of the City of Iowa City; and Whereas, said policy needs to be amended to be consistent with SF 2322 passed in May 2022; and Whereas, said policy needs to be updated to reflect changes that have occurred in the past fifteen (15) years such as the implementation of the City's online records request portal and the renaming of City departments; and Whereas, it is in the best interest of the public and City staff to have a single, uniform policy applicable to all City offices and departments; and Whereas, the City Council finds that the attached Public Records Policy of the City of Iowa City should be adopted. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa: 1. The attached Public Records Policy of the City of Iowa City is adopted as the policy of the City of Iowa City for the examination and copying of public records. 2. Resolution No. 07-260 is rescinded. 3. The City Manager is authorized to make minor administrative changes to the Public Records Policy of the City of Iowa City, such as the renaming of a City department or division. Passed and approved this 12th day of July , 2022. Resolution No. 22-167 Page 2 Attest: l.�n..v City Clerk f M Approved by City Attorne s ice (Sue Dulek — 07/06/2022) It was moved by Harmsen and seconded by adopted, and upon roll call there was: AYES: x x x Taylor the Resolution be NAYS: ABSENT: Alter Bergus Harmsen Taylor Teague Thomas Weiner Public Records Policy of the City of Iowa City (rev. 7/22) 1. Statement of Policy. The purpose of this policy is to facilitate broad access to public records. The City is committed to the policies set forth in Iowa Code Chapter 22 as amended. City staff shall cooperate with members of the public in implementing the provisions of that chapter. 2. Custodian. For purposes of this policy, "Custodian" means the person lawfully delegated by the City to act for the City in implementing Iowa Code Chapter 22. As designated in Resolution No. 22-167the Custodians are: Airport Manager - Municipal Airport City Manager -City Manager's Office City Clerk -City Clerk's Office City Attorney -City Attorney's Office Personnel Administrator -Human Resources Division Human Rights Coordinator -Human Rights Division Finance Director -Finance Department Fire Chief -Fire Department Police Chief -Police Department Library Director -Public Library Transportation Director- Transportation Department Parks and Recreation Director- Parks and Recreation Department NDS Director -Neighborhood and Development Services Department Public Works Director -Public Works Department Senior Center Coordinator -Senior Center 3. Location of Record. A request for access to a record should be directed to the Department Head, Director, or Coordinator of the particular City office where the record is kept. The requester may contact the Public Safety Information Officer for records of the Police Department or Fire Department. Records of a City board or commission are maintained in the office of the Department that staffs the board or commission and the person designated in paragraph 2 as the Custodian of the Records of that Department shall be the Custodian of the board or commission's records. If the location of the record is not known by the requestor, the request shall be directed to the City Clerk. 4. Office Hours. Requests for access to public records may be made online at iowa- city.org/Forms/PublicRecordsRequest. Requests also may be made in writing, in person, by e-mail, by fax, by telephone, or by social media. The request should identify the particular records by name or description to facilitate the location of the record. A person shall not be required to explain why the record is being requested or provide the requester's name. Although the requester is not required to provide the requester's name, requestors shall provide contact information for the provision of responses and to communicate cost estimates and clarifying questions if the request is not made in person. 5. Response. A public records response shall be acknowledged in writing, where contact information has been provided, within two business days after receipt by the Custodian. An acknowledgment must include the name and contact information of the person responsible for processing the public records request. Access to a public record shall be provided promptly upon request unless the size or nature of the request makes prompt access infeasible. Absent unusual circumstances, access shall be provided within ten (10) business days from the date the request is received by the Custodian. If the size or nature of the request for access to a record requires time for compliance, the Custodian shall comply with the request within twenty (20) calendar days, unless infeasible. Access to a record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4), as amended. The Custodian shall promptly give notice to the requestor of the reason for any delay in access to a public record and an estimate of the length of that delay and, upon request, shall promptly provide that notice to the requestor in writing which includes electronic mail. 6. Denial. The Custodian may deny access to the record only on the grounds that such a denial is warranted under by Iowa Code section 22.8(4) or 22.10(4), as amended, or that it is a confidential record, or that its disclosure is prohibited by a court order or other applicable law. 7. Security of Record. No person may, without permission from the Custodian, search or remove any record from the City's files. Examination of City records shall be supervised by the Custodian or a designee of the Custodian. Copying of City records shall be done by the Custodian or designee. Records shall be protected from damage and disorganization. 8. Fees. Reproduction. The charge for copies of records and documents shall be as follows: a. Photocopy $ .15 per page b. Large Document copy (e.g., plat) $ 1.50 per page C. DVD -R $ 1.00 each d. Thumb drive $10.00 each Postage. When the mailing of copies is requested, the actual cost of such mailing may be charged to the requestor. Search and Retrieval. No charge will be made for the first thirty (30) minutes for the services of staff in research and retrieval of records. Retrievals of more than thirty (30) minutes will be assessed in quarter-hour intervals at the rate of $5.00 per quarter hour. Supervisory Fee. An hourly fee will be charged for actual City expenses in supervising the examination and copying of requested records when the supervision time required is in excess of thirty (30) minutes. Supervision of more than thirty (30) minutes will be assessed in quarter-hour intervals at the rate of $5.00 per quarter-hour. City Attorney Review Fee. To determine whether confidential documents are included in the request, a fee will be assessed in quarter-hour intervals based on the hourly rate not including benefits of the reviewing attorney for the redaction or review of legally protected confidential information. Advance Deposits. When the estimated total fee chargeable under this policy exceeds $25, the Custodian may require the requestor to make an advance payment to cover the estimated fee. When a requestor has previously failed to pay a fee chargeable under this policy, the Custodian shall require payment of the previous fee as well as advance payment of any estimated fee before the Custodian processes a new request from that requestor regardless of the amount. Each department is responsible for collecting any applicable fee and providing an appropriate receipt. Overtime. If the services requested cannot be completed during regular office hours, a person may request that work be completed after hours. The charge will be the actual overtime paid to the person providing the assistance. The decision to authorize overtime shall be made by the Department Director or Supervisor, and there is no guarantee that the records will be provided in the time requested. Certified Copies. Certified copies of public documents in the City Clerk's office may be made only at the time the photocopy is made by the City Clerk. Electronic Data. The City is not required under Chapter 22 to provide the public with access to City software, but must allow access to records that are combined with its data processing software. If it is necessary to separate the record from the software to provide access, the City shall bear the cost of the separation. After the record has been separated, any additional fees (e.g., photocopying) shall be as provided herein. If the person requests that the record be specially processed, the fee for doing so shall be assessed in quarter-hour intervals at the rate of $11.00 per quarter-hour. 9. Confidential Records. a. Basis. The Custodian may treat a record as a confidential record and withhold it from examination only to the extent that the Custodian is authorized by Iowa Code section 22.7, as amended, another applicable provision of law, or court order to refuse to disclose that record to members of the public. In the event that the request is not sufficiently definite to determine whether confidential documents are included, the City Attorney, or designee, will need to review the documents, and the fee for said review is listed in Paragraph 8 above. b. Access to Confidential Records. Under Iowa Code section 22.7, as amended, or other applicable provision of law, the Custodian may disclose certain confidential records to one or more members of the public on a discretionary basis. In requesting the Custodian to permit the examination and copying of such a confidential record, the following procedures apply and are in addition to those specified for request for access to records provided above. (1) Proof of identity. The Custodian may require the person requesting the confidential record to provide proof of identity or authority to secure access to the record. (2) Requests. The Custodian may require a request to examine and copy a confidential record to be in writing. A person requesting access to such a record may be required to sign a certified statement or affidavit enumerating the specific reasons justifying access to the confidential record and to provide any proof deemed necessary by the Custodian to establish relevant facts. C. Request denied. When the Custodian denies a request for access to a confidential record, the Custodian shall promptly notify the requestor. If the requestor indicates to the Custodian that a written notification of the denial is desired, the Custodian shall promptly provide such a notification that is signed by the Custodian or is sent from the Custodian's assigned email address, or that of the City Attorney's office, and includes: (1) The name and title or position of the Custodian responsible for the denial; and (2) A citation to the provision of Chapter 22 of the Iowa Code and/or any other law vesting authority in the Custodian to deny disclosure of the record and a brief statement of the reason for the denial to the requestor. d. Request granted. When the Custodian grants a request for access to a confidential record to a particular person, the Custodian shall state any lawful restrictions imposed by the Custodian on that person's examination and copying of the record. e. Request that record be treated as confidential record. A request that a record be treated as a confidential record and withheld from public inspection shall be in writing if the Custodian so requests. The request shall set forth the legal and factual basis justifying the request and the name, mailing address, email address, and telephone number of a person authorized to respond to any inquiry or action of the Custodian concerning the request. Failure to make such a request does not preclude the Custodian from treating it as a confidential record. If the request is denied, the Custodian shall notify the requestor of the determination and the reasons therefore. On application by the requestor, the Custodian may engage in a good faith, reasonable delay in allowing examination of the record so that the requestor may seek injunctive relief under Iowa Code section 22.8, as amended, or other applicable law. The Custodian shall notify requestor in writing of the time period allowed to seek injunctive relief. Third Party. A person who is the subject of a confidential record may request that the record be disclosed to a third party. Said request must be in writing and must identity the particular record or records that may be disclosed, and the particular person or class of persons to whom the record may be disclosed. Such request does not require the disclosure of the record by the Custodian. Appearance of counsel on behalf of a person who is the subject of a confidential record is deemed to constitute consent for the City to disclose records about that person to the person's attorney. 10. Redaction of a Record. The Custodian may redact from a record any information that is confidential under state or federal law, such as a Social Security Number. 11. Creation of a Record. If the Custodian determines that it may be more feasible, economical, or otherwise reasonable that a response to a request may be better met by the creation of a record, such as a report or a document that does not presently exist, and that would be produced as a result of research or analysis, the Custodian may, but will not be required, to notify the requestor of that determination. The Custodian may advise the requestor of the actual cost of creating and providing such document that does not currently exist. The Custodian and the requester may in such instance, but will not be required to, agree to approve such document in exchange for the actual cost in lieu of providing access to the records originally requested. In absence of such agreement, records will be made available as provided in this policy. Likewise, Custodians are not required to do research for requestors, other than providing existing records subject to disclosure under law. Adopted by Resolution No. 05-67 on February 1, 2005. Amended by Resolution No. 06-364 on November 20, 2006. Amended by Resolution No. 07-260 on August 21, 2007. Amended by Resolution No. 22-_ on July 12, 2022.