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.