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HomeMy WebLinkAbout08-29-2012 Ad Hoc Diversity CommitteeAD HOC DIVERSITY COMMITTEE ORGANIZATION MEETING AGENDA Wednesday, August 29, 2012 Helling Conference Room, City Hall 410 East Washington Street 4:00 PM 1. Introductions 2. Future meeting schedule a. Day b. Time c. Regularity d. City Hall Location 3. Minutes format 4. Agenda materials distribution electronically a. Subscribe electronically b. Open Meetings / Open Records 5. Structure a. Timeline —completion by March 10 b. Staff input process 1. Possible Presentations (e.g.: Transportation Dir., Police Chief, PCRB) c. Public input process 6. Adjournment (5:00 PM) Open Meetings, Open Government a IOWA LEAGUE °f CITIES 2 1 Open Wleetongs, Open Governiiro oii�t: Table of Contents Introduction........................................ ............................... '3 Questions & Answers MeetingsGenerally .... ............................... <.................... 4 Public Notice and Agendas ............ ............................... '/ Meeting Procedures and Minutes ... .............................11 ElectronicMeetings .................... ... ... .......... , .... ........... 13 Closed Meetings Generally .............. .............................15 Procedure for Closing a City Council Meeting ............18 Closed Meeting Procedures and Minutes ................... 20 Closed Meeting on Personnel Issues ........................... 212, Enforcement About the Iowa League of Cities ..... ............................... �,(8 �miiya Leagioe of C'N[iot� I -� Open Meetings The purpose of this publication is to provide general guidance on the Iowa Open Meetings Law, Code of Iowa Chapter 21. This law requires meetings of governmental bodies to be open to the public. Cities often have questions about the applicability of this law to day -to -day city business. The information contained here is designed to be general in nature and does not constitute legal advice. If there are specific legal questions about open meetings requirements, the city should contact the city attorney. The Iowa tions where the applicability of the law is unclear should be resolved on the side of openness. 4 1 0�pv[ra MooiA"gs, Open Goirc) iiinten' Meetings Generally The Iowa Open Meetings Law applies to gov- ernmental bodies, including city, county and state governments and others, such as some nonprof- its. Governmental body refers to a "board, coun- cil, commission or other governing body." The law also applies to "an advisory board, advisory commission, advisory 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." well as entities such as the planning and zoning commission, the board of adjustment, library board and the park and recreation commission. The law also applies to any entity organized un- der Code of Iowa Chapter 28E. [Code of Ioiva 21.2] A meeting is "a gathering in person or by elec- tronic 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." [Code of Iowa 21.2(2)] Vcarnra League eof C ifli w f; To conduct a meeting, a quorum (or majority) of the governing body must be present when there is discussion or deliberation on city business. Vacant positions must be included when calculat- ing the number of council members that must be present for a quorum. [Code of Ioiva 21.2 and Code of Iowa 380.4] Examples: If a five- member council has tavo vacancies, it needs a majority of the five (all three current members) to be present in oa der to conduct a meeting. If a regular meeting is held and only taro members of a five- member quorum of the council A gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no in- tent to avoid the requirements of the open meet- ings law is not a meeting. [Code of Ioaava 21.2] Example: Three council members of a five- member city council attend the same high school footballgame. They do not need to avoid each other, but should notget together doling the game to discuss city business as this could cons itute a meeting. 6 1 Open Meetings, Open Government Q: Are committee meetings that include the mayor and several council members required to be open meetings? Ordinarily committees that are created by a city council are covered by and subject to open meet- ings law requirements. Example: A city council operating under the Mayor - Council form (mayor and five council members) passes a motion to establish a budget committee, consisting of the mayor, hwo council members and the city finance officer. to open meetings requirements and an opinion should be sought from the city attorny on arhether or not that is the case. howi;> Veagkjw opfi� Cui dos I Y Q: Are work sessions or retreats where the council discusses, but does not take any ac- tion on items, subject to the open meetings law requirements? Yes, if a majority of the council is present and they are discussing or deliberating on city busi- ness. The fact that the council is deliberating on city policy is sufficient to make the gathering an open meeting. It is not necessary that the council take action or vote to make the gathering into a meeting under Iowa law. Public Notice and Agendas Meetings of governmental bodies must be pre- ceded by public notice. Public notice is given by delivering a copy of the public notice to those in the media who have requested it and by posting the public notices in a prominent place in the city office. Many cities post notice on a bulletin board in city hall or on the door. If the city does not have a city hall, they can post notice in the build- ing where the meeting will be held. Public notice must give: - Time, date and place of the meeting - The tentative agenda for the meeting Public notice must be given at least 24 hours prior to the meeting. [Code of Iowa 21.4] Q: When posting the agenda, what needs to be listed and in how much detail? The agenda should list the items the council intends to discuss and intends to act upon. There mation, therefore, if in doubt, give more rather than less information. Whether or not the detail provided in a tentative agenda is sufficient must be viewed in the context of surrounding events, therefore exhaustive detail is not required. Exanaple: An agenda item of "water" may not be enough information to tell the public that the council aavill he discussing an amendment to an ordinance increasing water rates. On the other hand, it is not necessary fog° the agenda to include the voiding of the entire ordinance. Iowa League of Cities 1 9 Q. Can cities hold meetings with less than 24 hours notice? Yes, if it is not possible or practicable to give 24 hours notice. If an emergency situation requires a meeting with less than 24 hours notice, give as much notice as can be given, but in any event, give at least some notice. The city must justify its reason for not giving 24 hours notice in the minutes of the meeting. The city must also justify its action if it holds a meeting at a place not reasonably accessible or at a time not reasonably Example: A levee breaks and the city is being flooded, the council ryaay need to have an emergency meeting to hire a contractor to come in and repair the levee immediately. The minutes of the meeting need to e,�plain the nature of the good cause avhich justified bolding a meeting avithout providing 24 hours notice. Iowa League of Cities 1 11 Meeting Procedures and Minutes A meeting occurs when a majority of the council gathers to discuss city business. If a quorum of members of the governing body is not present, a meeting cannot be held. Q: Can a council member who will not be present at a meeting send in their vote with another council member or tell the clerk to record their vote a certain way? No, although state law does not explicitly prohib- it proxy voting, it is not advisable for a council member to vote by proxy. Sending in a vote and not participating in the discussion at a meeting denies the public access to whatever information or discussion led a council member to vote in a certain way. Additionally, had a council member attended the meeting, they may have been pre- sented with information that would have caused them to vote differently. 12 1 Open Meetings, Open Government Q: The minutes have to record the vote of each council member. Does this mean a roll call vote is required on each action of the council? The procedure to record the vote of each mem- ber is to either take a roll call vote or to deter- mine each member's vote in some other manner. The method is not as critical as the fact that each council member's vote is recorded. Example: Some cities may use an electronic voting ystem clerks may be adept atpicking up on hoiv each council member voted during a regular voice vote or may request that council members wise their hands to vote. Q. Do citizens have to be allowed to partici- pate in a meeting or can cities have rules regulating the public attending a council meeting? The public can use cameras or recording equip- ment to take photos, movies, recordings, etc. of any open session. Although many cities provide time for public input, it is not a requirement of Iowa League of Cities 1 13 council meetings. Many cities provide a time for public comment in order to allow citizens to give feedback and have input in their city government. There are specific situations that require the city to hold a public hearing (prior to adoption of the budget, for example). The purpose of a public hearing is to solicit public input on the proposed action, so receiving public comment is a require- ment. Cities can make rules of conduct for their meetings to ensure the meetings are orderly. The rules can permit the council or presiding officer to establish time limits for public comments. The sible for enforcing these rules. Example: A city might offer a `public comment" agenda item and limit each person to five minutes, requesting that they state their name and address, etc. Electronic Meetings A city can only hold a meeting by electronic means if conducting such meeting in person is either impossible or impractical, and then only if the city complies with all of the following requirements: A A.. I C)[_)win) iWLAefikq,) s, open � -kp ofrnment - Public access to the conversation of the meet- ing has been provided to the extent reasonably possible. - Notice is given of the meeting time, date, place and tentative agenda as soon as reason- ably possible, pursuant to Code of Iowa Section 21.4 - Minutes are kept of the meeting and must include a statement explaining why a meeting in person was impossible or impractical. Council members who are unable to attend a cally but must be connected by a means that allows them to hear and be heard. Q: Can e-mail communication between city council members be considered a meeting under Iowa Open Meetings Law? A "meeting" under Iowa law means a gather- ing 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. Ilowd League oa V9, No Iowa appellate court has specifically ruled on the application of the Iowa Open Meetings Law to simultaneous electronic communication between council members. City officials should keep in mind that the Iowa Open Meetings Law is intended to require that the city's business be conducted in open meetings. Closed Meetings Generally A closed meeting is a meeting of a governmental body that is closed to public access, meaning that neither the general public nor the press can be gi%10er1t at that inCeting. A —city- council or other body can close a meeting only for very specific reasons described in law. The law favors open- ness so before closing any meeting, the city should consult the city attorney. Code of Iowa Section 21.5 provides specific rea- sons and procedures for closing access to a pub- lic meeting. The most common reason cities hold a closed meeting is to evaluate the professional competency of an individual whose appoint- ment, hiring, performance or discharge is being considered when necessary to prevent needless 16 1 Open Meetings, Open Government and irreparable injury to that individual's reputa- tion and that individual requests a closed session. Other common reasons a city would close a ses- sion include the discussion of strategy with legal counsel in matters that are presently in litiga- tion or where litigation is imminent. In addition, the purchase or sale of real estate is commonly discussed in a closed session where premature disclosure would adversely impact price. The qualification with this exemption is that the min- utes and the recording of a session closed under this paragraph need to be available for public completed. Q: Are there any meetings of a governmen- tal body that are exempt from the open meet- ings requirements? Yes. A meeting to discuss strategy in matters relating to employment conditions of employees of the governmental body who are not covered by a collective bargaining agreement under Code Chapter 20. A city considering holding a meeting of this sort should seek the guidance of the city attorney. Ilomria League of Cuiflew�; I 'a Note: This exemption is only for the purpose of discuss- ing strategy. Therefore, action involving employment conditions must be taken at a meeting that complies )Pr.'th the open meetings requirements. For this purpose, "em- ployment conditions" means areas included in the scope of negotiations listed in Code of Iowa Section 20.9. Q. Does the city clerk have to be present during a closed session to take minutes? No. If the clerk is not present, the governing body must appoint someone to perform this function. Q: Can persons other than members of the governing body be present during a closed session? Yes, provided that governing body authorizes their presence. However, particularly when meet- ing with the city attorney, caution should be used to avoid potential problems in exercising the attorney -client privilege. 11189 1 C)gPen Meoi,;uifgjs, Open Government Q: Do persons other than members of the governing body have a right to be present at a closed session? No. Procedure for Closing a City Council Meeting The council meeting must begin in open ses- sion with a call to order and a roll call. In order to go into closed session for a specific reason must be an affirmative vote by two- thirds of the members of the body or by all those present. The minutes must record the votes of individual council members on the question of holding a closed session. In addition, the motion and minutes must state the exemption that permits a closed session. No business can be discussed during the closed session that does not directly relate to the spe- cific reason for the closed session. Upon completion of the closed session, a mo- tion and vote must be taken to end the closed session and return to open session. Final action on any matter must be taken in open session un- less another Code section specifically allows such action to be taken in closed session. Q: Does a closed session have to be listed on the governing body's agenda? If a closed session is anticipated, the fact that there is to be such a session should be made session and the fact that a closed session will be held on the agenda. However, if during an open meeting a topic comes up which may be con- sidered during a closed session and which could not reasonably have been anticipated at the time notice of the agenda was given, then it would be appropriate to proceed to closed session from the open meeting following the procedure out- lined in Code of Ioava Section 21.5. 20 1 Op oini 1U ooiiiihiigs, Open Gmyok'nrnent C'iosed Meeting Procedures and Minutes When holding a closed session, the governmental body must keep the following: -Detailed minutes of all discussion, persons present and action occurring during the closed session. -An audio recording of the entire closed ses- sion. The minutes must be sealed and shall be kept by the governmental body for a period of at least one year to o Q: Is there any situation which could re- sult in the sealed detailed minutes and the recording of a closed session becoming unsealed? If a lawsuit is brought to enforce provisions of the Iowa Opening Meetings Law relating to a closed city council session, then by an order of the court, the detailed minutes and audio record- ing must be unsealed and examined by the court in chambers without the presence of parties to Iowa League of Cities 1 21 the lawsuit. The court then must determine what part, if any, of the minutes shall be disclosed to the party seeping to enforce the law. [Code of Iowa Section 21.5(4)] Q: If a member of a governing body is ab- sent and the governing body holds a closed session, can that member listen to the audio recording of the closed session? Yes. The member who is absent still remains a member of the governing body. The member has a right to be informed of discussion__ and action that occurred during his or her absence. The fact that the detailed minutes and audio recording of a closed session are not open to public inspection does not preclude a person who would other- wise have been privy to such records, except for an absence, from later listening to the audio or reviewing the minutes. 2 0 11)whii Rloo$diiiiic�s, Open Government Closed Meeting on Personnel Issues A frequently used reason for holding a closed meeting is to evaluate and discuss the appoint- ment, hiring, performance or discharge of an individual, when needed to prevent irreparable injury to the individual's reputation. In order to hold a closed session for this reason, the person or persons being discussed must request a closed session. Q: If a person who may request a closed session makes such a request, must the re- quest be granted? No. The law provides that a governing body may hold a closed session for certain specific purpos- es. It does not require that such a session be held. Q: Can job interviews be conducted during a closed session? Yes. However, the person being interviewed must request the closed session. Iowa League of Cities 1 23 Example: The city plans to hire a cite administrator. The city has narrowed their list of candidates to three they plan to interview. The do may alert the candidates that they may request a closed session. If the candidate requests a closed session for the interview, the city could proceed to conduct the interview during a closed session. Q: When a closed session is held to dis- cuss the competency of a specific employee whose appointment, hiring, performance or discharge is being considered, is the city required to allow the employee to attend the No. The council determines who can attend a closed session. Q: Can a closed session be held to discuss salaries in general for the upcoming year? No. There is no authority in the Iowa Open Meetings Law to discuss salaries in a closed ses- sion. 24 1 Open Meetings, Opeoi) (Nmyorniii Bivient Enforceate tt' The Iowa Opening Meetings Law is enforced through the courts. Any aggrieved person, the at- torney general or the county attorney can bring a lawsuit to enforce this law. The burden is on the city to prove they complied with the law. Q: Can a person charged with a violation of the Iowa Open Meetings Law claim they did not know the provisions of the law? No, ignorance of the law is not a defense. Q: What happens if the court finds that there has been a violation of the open meet- ings requirements? The following judgments may be entered when the court has found a violation of the open meetings law: 1. The court must assess each member of the governing body who participated in the violation an amount not less than $100 and not more than $500, or for knowingly par- ticipating in the violation members must be Iowa League of Cities 1 25 assessed not less than $1,000 and not more than $2,500. 2. A member of a governmental body who violates open meetings laws has a defense to the assessment of damages if the member (a) voted against the closed session, or (b) be- lieved with good cause facts that would have indicated compliance with open meetings law or (c) reasonably relied on a court decision, formal attorney general's opinion, or opinion of attorney for the governmental body, given in writing or memorialized in the meeting attorney general or attorney for the govern- mental body. 3. All costs and reasonable attorney fees will also be awarded by the court to the party who successfully established in court a violation of the law, and will be assessed against the members found to have participated in the violation. 4. The court must void any action taken in violation of the law if the lawsuit for enforce- ment is brought within six months of the violation and if the court finds that the public interest in enforcing the policy of the Iowa 26 1 Open Meetings, Open Government Open Meetings Law outweighs the public interest in sustaining the validity of the action taken in the closed session. However, the court cannot void the issuance of bonds or other evidence of indebtedness of a govern- mental body if a public hearing, election or public sale has been held regarding the bonds or evidence of indebtedness. 5. If a member of the governing body has engaged in one prior violation of the open meetings requirements for which damages were assessed against such a member during l.11li 111V111N�/1 V ..✓1111, 4YYV vv w+.. ����v.. .vv MV r.. order removing the member from office. 6. The court may also issue a mandatory injunc- tion punishable by civil contempt ordering the member of the governing body to refrain for one year from any future violations of the open meetings law. Iowa League of Cities 1 27 Q: What are the defenses for a member of a governing body for violations of the Open Meetings Law? 1. Voting against the closed session. This dem- onstrates the importance of recording the vote of each council member. 2. Had good reason to believe and in good faith believed facts which, if true, would have indi- cated compliance with all the requirements of this chapter. 3. Reasonably relied upon a decision of a court the city attorney. The opinion of the attorney for the city must have either been given in writing or memorialized in the meeting min- utes at which a formal oral opinion was given. 28 1 01(whu Meetings, Open Government Q: Do members of governing bodies need to be provided with information about the Iowa Open Meetings Law? Yes. The appropriate commissioner of elections must provide this information to the elected members of governmental bodies. Also, the authority that appoints members of governing bodies must provide this information. Example: The county auditor must provide this infor- mation to mayors and ci�i council members. Wlhen city or commissions or to fill a vacancy on the council, they must provide this information to their appointees About the Iowa League of Cities The Iowa League of Cities serves as the unified voice of cities, providing advocacy, training and guidance to strengthen Iowa's communities. The League provides guidance. Through membership services, research, pub- lications, trainings and other collaborations, Iowa League of Cities 1 ;).9 the League provides guidance and serves as the resource for member cities. The League leads a grass -roots advocacy cf.- fort for local government. The League promotes excellent government, effective public policy and Home Rule among members as well as state and federal law makers. The League keeps cities informed with a constantly updated slate of workshops and publications. -and era. . for elected and appointed city officials through workshops, publications, the Web and personal interactions. • Monthly Cityscape magazine • League meekly e- newsletter • Weekly Legislative Link during the state's legis- lative session • An annual listing of New Laws related to cities after each legislative session *An annual series of workshops on several dif- ferent topics • Action Calls on immediate legislative concerns at the state or federal level 30 1 Open Meetings, Open Government • Special Reports on topical issues, including Budget, Home Rule and Law Enforcement • Biennial Directory of League member cities in Iowa • Annual municipal salary survey of city officials and staff The League is a resource for insurance and investment needs. The League consolidates common city needs enabling group purchasing power and specialized assistance. Programs created by or sponsored by vices to cities. The League's affiliated programs offer health, workers' compensation, liability and casualty coverage as well as a prosperous, liquid asset investment program. Other programs assist cities in developing services to better serve their citizens. ;iii 1'�;,�! ':;; !� �� � �,,� ; "I IIi� �'' � � i '� >> � "I' �' ii ''.�; it '? ''a 2 1 Open Records, Open Government Table of Contents Introduction........................................ ............................... 3 Questions & Answers PublicRecords Generally ............... ............................... 4 Right to Examine, Copy and Publish Public Records.. 6 Confidential Records ....................... .............................11 Enforcement.................................... .............................18 Iowa Fair Information Practices Act ........................... 20 About the Iowa League of Cities ........ .............................21 Iowa League of Cities 1 3 Open Records The purpose of this publication is to provide general guidance on the Iowa Open Records Law, Code of Iowa Chapter 22. This law gener- ally provides that every person has the right to examine and copy public records and to dissemi- nate these records or the information contained therein. Cities often have questions about the applicability of this law to day -to -day city busi- ness. The information contained in this booldet is designed to be general in nature and does not constitute legal advice. If there are specific legal city should contact the city attorney. The Iowa Open Records Law favors accessibility to public records, so situations where the applicability of the law is unclear should be resolved on the side of openness. 4 Open Records, Open (biovernment Public Records Generally The Iowa Open Records Law applies to gov- ernmental bodies, including city, county, state government and others, such as certain nonprofit corporations. "Governmental body" includes any branch, department, board, bureau, commission, council, committee, official or officer of the fore- going or any employee delegated the responsibility for implementing the requirements of the Iowa Open Records Law. [Code of Iowa 22.1(1)]. Govern- ment records in the possession of persons outside of a government body, including city board and cords, governed by the Iowa Open Records Law. Q. What are Public Records? "Public Records" include all records, documents, tapes, or other information stored or preserved in any medium, of or belonging to the govern- mental body. They also include all records relat- ing to the investment of public funds such as in- vestment policies, instructions, trading orders, or contracts, whether in the custody of the public body responsible for the public funds, a fiduciary or other third party. [Code of Iowa 22.1(3)] b-)mra League of Cu' os I S Q. Are e-mail messages and other electronic communications public records? The definition of public records is broad enough to encompass e -mail messages and other elec- tronic correspondence. Cities are encouraged to adopt their own records retention policies and to follow them consistently. If the message remains recoverable then the city would be obliged to provide it upon request, though the requester can be charged a reasonable fee for retrieval. Cit- ies should also be cautious regarding e -mail and tions in respect to open meetings law. [Code of Iowa 22.1(3)] Q. How long must public records be kept by a city? There is no one rule which governs all types of records and situations. Some records are required to be retained permanently while others may be subject to a shorter recommended retention schedule. 6 1 C)pon liku ors ok, Open Government The Iowa League of Cities, the Iowa Municipal Finance Officers' Association and the Office of the State Archivist have developed a Record Retention Manual for Iowa Cities. This manual, available on the League's Web site (wwwiow- aleague.org), is intended to assist officials in the management of records created and received in the conduct of city business. The manual also provides model record retention schedules. However, the advice of legal counsel should be obtained when establishing a records retention system. Right to Examine, Copy and Publish Public Records Q. Who has the right to examine, copy and publish public records? Every person has the right to examine, copy and publish public records. The examination and copying must be done under the supervision of the custodian of the public records or a person authorized by the custodian. The custodian may adopt and enforce reasonable rules to protect Iowa League of Cities ( 7 the public records. The custodian must provide a place for this work in the custodian's office unless this is impracticable, in which event the person desiring to examine or copy must pay the necessary expenses of providing a place for the examination and copying. [Code of Iowa 22.3(1)] Q. Who is the "lawful custodian" of re- cords? The "lawful custodian" means the governmen- tal body currently in physical possession of the delegate to particular officials or employees the responsibility for implementing an open records policy. In many cities, the city clerk or an individ- ual in the clerk's office performs this function. In larger organizations, there may be an individual located in each department. The law requires the governmental body publicly announce the par- ticular officials or employees whom are respon- sible for implementing the open records policy. [Code of Iowa 22.1(2)] 8 1 Open Records, Open Goovvornment Q. When may public records be examined or copied? Public records may be examined or copied dur- ing the customary office hours of the custodian. If the custodian does not have customary office hours of at least 30 hours per week, the records may be examined or copied at any time from 9:00 a.m. to noon and from 1 p.m. to 4 p.m. Monday through Friday, excluding legal holidays, unless the custodian and the person seeking the records agree to a different time. This may be the case in hours. [Code of Iowa 22.4] Q. Can a person be required to sign their name or state why they are requesting a pub - lic record? No. Iowa League of Cities 1 9 Q. Can a city charge a fee to examine public records? No, the city may not charge a fee to examine a public record as long as the public record is in the physical possession of its custodian. The cus- todian may charge a reasonable fee for supervis- ing the examination and copying of records. The lawful custodian may adopt and enforce reason- able rules regarding the examination and copying of the records and the protection of the records against damage or disorganization. [Code of Ioiva Q. Can a city charge a fee to copy public records? If the custodian has copying equipment available, the custodian may charge a fee for the cost of the copying. However, the cost is limited to the actual cost directly attributable to supervising the examination, copying and providing the records. Cities are specifically prohibited from including costs such as employee benefits, depreciation, maintenance, electricity or insurance. [Code of Io)va 22.3] 10 1 Open Records, Open Government Q. Do requests have to be made in person? No, requests may be made in writing, by tele- phone or by electronic means. [Code of Iowa 22.3] Q. Can a public record be photographed? Yes, as long as the public records remain in the physical possession of its custodian. Q. Are there exceptions to the right to exam- ine and copy public records? Yes. The first exception is the right to access a geographic computer database, except on terms and conditions acceptable to the city. How- ever, the city can establish reasonable rates and procedures for the retrieval of specified records which are not confidential. The second exception is data processing software developed by the city. [Code of Iowa 22.2] Iowa League o l'i: (;6Ues 1 11 Certain public records shall be kept confidential unless otherwise ordered by a court, released by the lawful custodian of the records or by another person duly authorized to release them. The Open Records Law identifies 64 specific records deemed to be confidential. The complete list can be found in Section 22.7 in the Code of Iowa. Several examples include: 1. Attorney work product which is related to litigation or claims made by or against a city. [Code of Iowa 22.7(4)] Peace offrcerszrnvestigative- relsorts,-ifp -art o an ongoing investigation, subject to certain exceptions. [Code of Iowa 22.7(5)] 3. Appraisals or appraisal information concern- ing the purchase of real or personal property for public purposes, prior to public announce- ment of a project. 4. Confidential personnel records of govern- mental bodies, except the following shall be considered open: • Name and compensation, including any written agreement • Date the individual was employed by the III "'� I Open Records, Open Govoffiiiiiiriioii-iii: 5. 6. government body • Positions the individual holds or has held • Educational institutions attended by the individual, including diplomas and degrees earned • Names of previous employers, positions held and dates of employment • Any final disciplinary action taken that re- sulted in discharge [Code of Iowa 22.7(11)] Library records which would reveal the iden- tity of library patrons. [Code of Iowa 22.7(13)] Records of owners of public bonds or obhga- t ons .-[Code -of Iowa- 22.7(t7)] 7. Communications not required by law, rule, procedure, or contract made to the city or its employees by persons outside of the city government to the extent it is reasonably be- lieved that such persons would not make such communications if such communications were to become available to the public, with certain exceptions. [Code of Iowa 22.7(18)] 8. Examinations including but not limited to cognitive and psychological examinations for law enforcement officer candidates. [Code of Iowa 22.7(19)] Iowa League o 1 13 9. Data processing software developed by a gov- ernment body. [Code of Iowa 22.7(33)] 10. Information concerning security procedures or emergency preparedness information devel- oped and maintained by a government body for the protection of governmental employ- ees, visitors to the government body, persons in the care, custody or under the control of the government body, or property under the jurisdiction of the government body, if disclosure could reasonably be expected to jeopardize such employees, visitors, persons or 11. Information in a record that would permit a governmental body to hold a closed session in order to avoid public disclosure of that information, until such time as final action is taken on the subject matter of that informa- tion. [Code of Iowa 22.7(61)] Note: This is not an all - inclusive list; the confidential records exception contains numerous exclusions that are not covered here. Legal counsel must be consulted in regard to public record questions. 14 1 Open Roc ords, Opoini Government Q. Are settlements of legal disputes public records? Yes. When a government body reaches a final, binding written settlement agreement of a legal dispute where monetary damages or equitable relief are sought, or a violation of a rule or statue is claimed, the settlement agreement is a public record. If requested, the governing body must also prepare a brief summary of the resolution of the dispute, indicating the identity of the par- ties involved, the nature of the dispute, and the made by or on behalf of the governmental body and any actions to be taken by the government body. However, the summary need not be pre- pared if the settlement agreement includes the information required to be included in the sum- mary. Any summary is also a public record. Q. Are records of investment transactions made by or on behalf of a city considered to be a public record? Yes. This is true whether the records are in the custody of the city, a fiduciary or a third party. II (()) inr 11,o ��ac)tiu(, � o))f' Cities 1 15 Q. Is a letter from a citizen to the city on a specific matter confidential? Generally, these records are not considered con- fidential. Some communications of this nature can be confidential under Code of Iowa 22.7(18), which allows a communication to be confidential if it is not required by law, made by someone outside of government and if the disclosure would result in people being discouraged from malting such communication if they were avail- able for general public examination. Q: Are notes taken during city council meet- ings or other city meetings considered public records? Yes. 16 1 Open Records, Open Government Q. How much time does a city have to respond to a request to examine a public record? Records are required to be made available at any time during the customary office hours of the lawful custodian of the records. The law does allow the custodian a good faith reasonable delay for the following reasons: - To determine whether the custodian is entitled to seek an injunction preventing examination. record or a confidential record. - To determine whether a confidential record should be made available for inspection and copying. A reasonable delay for this particu- lar purpose cannot exceed twenty calendar days and ordinarily should not exceed ten business days. [Code of Iowa 22.8] Iowa League of Cities 1 17 Q. 'What legal remedy can be sought if the government body and a person seeking records do not agree as to whether a public record is confidential under Iowa Law? The district court may grant an injunction to re- strain examination or copying of public records after holding a hearing upon reasonable notice as determined by the court to the persons request- ing access to the records. Before the court can grant the injunction, it must find that the exami- nation would clearly not be in the public interest and that it would - substantially -and - irreparably injure any person or persons. The court must tape into consideration that it is the policy of the law that free and open examination of public records is generally in the public interest. [Code of loava 22.8] 18 1 Open Records, 01,( an Government Q. Who may bring an action for such an injunction? The lawful custodian of a government record, or another government body or person who would be aggrieved or adversely affected by the exami- nation or copying of such a record. [Code of Iowa 22.8] Enforcement Any aggrieved person, any taxpayer to or citi- zen of the state of Iowa or the attorney general any county attorney can bring a enforce the Iowa Open Records Law. A lawsuit would be filed against the lawful custodian of the public record and any other persons who would be appropriate defendants. Q. What happens if the court finds that there has been a violation of the Iowa Open Records Law? The court is required to issue an injunction or- dering the lawful records custodian and other ap- propriate persons to comply with the Iowa Open lkojva League oa: C li:[I w�, I .� Records Law. The court shall also assess damages of $100 to $500 against the persons who partici- pated in violating the law, which can be increased to $1,000 to $2,500 for knowing violations. The court shall also order payment of costs includ- ing attorney fees against persons against whom damages were assessed. The law does provide a defense against the damage and cost assessment under certain limited circumstances. The court will also order the removal of a person from of- fice if the person has been assessed damages for a prior open records law violation. [Code of Iowa Q. Can a person charged with a violation of the Iowa Open Records Law claim they did not know the provisions of the law? No. Ignorance of the law is not a defense. /W I Open Records, Open GoiYoniment Q. Can the Iowa Open Records Law be en- forced in other ways? Yes. The law can be enforced not only by injunc- tion but also by mandamus. Mandamus is a legal proceeding that seeks to require a governmental body to do what it is lawfully required to do. Rights under the Iowa Open Records Law may also be enforced by an action for judicial review according to the provisions of the Iowa Admin- istrative Procedure Act. [Code of Iowa 22.5 and 22.10] Iowa Fair Information Practices Act This act requires that the information policies of state agencies are clearly defined and subject to public review and comment. Q. Are cities required to adopt the policies mandated by this act? No. However, a city may choose to adopt such poli- cies. If it does choose to adopt such policies, it must follow the procedure specified in Code of Iowa 22.12. Boma Leaguo of ((Aivs I ;A'tl About. the Iowa League o, f Citie. ' The Iowa League of Cities serves as the unified voice of cities, providing advocacy, training and guidance to strengthen Iowa's communities. The League provides guidance. Through membership services, research, pub- lications, trainings and other collaborations, the League provides guidance and serves as the resource for member cities. The League leads a grass -roots advocacy ef- fort for -local government. The League promotes excellent government, effective public policy and Home Rule among members as well as state and federal law makers. The League keeps cities informed with a constantly updated slate of workshops and publications. The League provides education and training for elected and appointed city officials through workshops, publications, the Web and personal interactions. ». Open Records, Ope�ii GovernnbviffAl: • Monthly City cape magazine • League Weekly e- newsletter • Weekly Legislative Link during the state's legisla- tive session • Annual listing of New Laws related to cities after each legislative session • Annual series of workshops on various topics • Action Calls on immediate legislative concerns at the state or federal level • Special Reports on topical issues • Biennial Directory of League member cities • Annual municipal salary survey of city officials The League is a resource for insurance and investment needs. The League consolidates common city needs enabling group purchasing power and specialized assistance. Programs created by or sponsored by the League provide cost - effective quality ser- vices to cities. The League's affiliated programs offer health, workers' compensation, liability and casualty coverage as well as a prosperous, liquid asset investment program. Other programs assist cities in developing services to better serve their citizens.