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HomeMy WebLinkAbout10-02-1997 Communication Philip M. Reisetter 321 East Market Street Suite 102 Iowa City, Iowa 52245 Bus. Facsimile (319) 337-3198 September 25, 1997 Mr. Paul Hoffey Temporary Chairman PCRB City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 Dear Mr. Hoffey: Thank you for your letter of September 24, 1997. I wish you and the Board the best of luck in the future. Sincerely, ~nl~it~M~Re~setter PMR:mrs DRAFT IOWA CITY POLICE CITIZEN'S REVIEW BOARD BY-LAWS BY-LAWS IOWA CITY POLICE CITIZEN'S REVIEW BOARD ARTICLE I. AUTHORITY: The Iowa City Police Citizen's Review Board (PCRB) shall have that authority which is conferred by Ordinance No. 97-3792 of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE I1. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Police Citizen's Review Board to advise the Police Chief, City Manager and City Council on matters pertaining to the policies, practices and overall performance of the Iowa City Police Department. Further, in an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, this Board is created to review investigations into complaints of police misconduct to insure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. ARTICLE II1. MEMBERSHIP: Section 1. Qualifications. The Police Citizen's Review Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter , City Code, City of Iowa City, Iowa. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former "peace officer" for good cause shown. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager for approval and reimbursement. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Police Citizen's Review Board, the written policies of the Iowa City Police Department, the PCRB by- laws, open records law, open meetings law and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 da~s public notice of the vacancy. Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter , City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring on May 1. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to the City Manager, Chief of Police and the Chairperson of the Board at least 60 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Board shall be a Chairperson, Vice-Chairperson, and Secretary, each of whom shall be elected by the members of the Board. Section 2. Election and Term of Office. Officers of the Board shall be elected as soon as practicable after formation of the Board, and thereafter annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Board's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairperson and Vice-Chairperson, shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. BOARD MEETINGS: Section 1. Regular Meetings. At least one (1) regular meeting shall be held during any eleven calendar months. Commission meetings will be held on the __ of the month in the at .m., Section 2. Special Meetinqs. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of thr~e or more Members of the Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given each Member and the media. Insofar as possible, only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non-agenda items. Section 3. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. A majority of present and voting members shall be necessary to pass a motion unless otherwise provided in the Board's enabling ordinance. The Chairperson shall vote as a member. Board meetings shall be public except where provided in Iowa Code, Section 21.5. Section 4. Place of Meetings. Regular meetings shall be in a place accessible to persons with disabilities. Section 5, Notice of Meetin,qs. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty4four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in Iowa Code §21.4(2). The news media shall be notified by staff. Section 6, Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discussion. Section 8. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 9. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Section 10. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 11. Votinq. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES: The Iowa City Police Citizen's Review Board possesses the following powers established b.y Section . , City Code, City of Iowa City, Iowa: Section 1. Complaint Review and Transmission The Board shall forward copies of all complaints received to the Police Chief for investigation; or where the complaint concerns the Police Chief, forward a copy of the complaint to the City Manager for investigation. Section 2. Review of Police Chief's Report or City Manager's Report. The Board shall review all Police Chief's Reports and City Manager's Reports concerning complaints. The Board shall decide, on a simple majority vote of all members of the Board, the level of review to give each Police Chief's or City Manager's Report, and the Board may select any or all of the following levels of review: a. On the record with no additional investigation; b. Interview/meet with complainant; c. Interview/meet with named officer(s) and other officers; d. Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation; e. Performance by Board of its own additional investigation; f. Hire independent investigators. The Board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Manager's Report. This requires the Board to give deference to the Police Chief's or City Manager's Report because of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a. the findings are unsupported by substantial evidence; b. the findings are unreasonable, arbitrary or capricious; or c. the findings are contrary to a police department policy or practice, or any federal, state, or local law. When collecting and reviewing additional evidence, the Board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. At the conclusion of the Board's review, the Board shall issue a Public Report to the City Council concerning the complaint investigation. Such Public Report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". This Public Report shall not include the names of the complainant or the police officers unless the complaint is sustained. In addition, this Public Report shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this Public Report to the City Council shall be given to the complainant, the police officer, the Police Chief and the City Manager. The Board shall not issue a Report which is critical of the sworn police officer's conduct until after a "name-clearing hearing" has been held, consistent with constitutional due process law. The Board shall give notice of such hearing to both the police officer and the complainant so that they may testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all state and federal rights enjoyed by both the officer and the complainant. The officer may waive the right to this hearing upon written waiver submitted to the Board. If the Board's Report is not critical of the officer's conduct, the Board is not required by law to offer a hearing to the officer, but the Board may hold hearings as deemed appropriate by the Board. The Board's Report to the City Council shall be completed within thirty (30) calendar days of receipt of the Chief's or City Manager's Report. The City Council may grant requests for extensions to this deadline upon good cause shown. Nothing in the Board's enabling ordinance or these by-laws shall in any way impede or interfere with the Police Chief's and the City Manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropriate by the Police Chief or City Manager. No findings or Report submitted to the Board or prepared by the Board shall be used in any other proceedings. Section 3. General Powers and Duties. The Board shall also carry out the following duties: (1) Maintain a central registry of complaints. (2) Collect data and do an annual report to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained, and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. The Board's annual report may also include recommended changes in police practices, policies or procedures. (3) In addition to the annual report, the Board shall, from time to time, report to the City Council on police practices, procedures and policies, including recommended changes, if appropriate. (4) The Board shall adopt procedural rules and by-laws governing the Board's activi- ties, including the receipt and processing of complaints, and such procedural rules and by-laws shall be approved by the City Council. Section 4. Limited Powers of the Board. The Board shall have the following limited powers; (1) On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint. (2) The Board shall decide the level of review to give the Police Chief's or City Manager's Report by a simple majority vote of all members of the Board. (3) The Board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney. (4) The Board has only limited civil, administrative review powers, and has no power or authority over criminal matters. The Board is not a court of law, and is not intended to substitute as a tort claims procedure or as litigation against the City. (5) If criminal charges are brought or are being considered against a particular police officer(s), the Board's review or investigation may proceed with interviewing other officers or witnesses, or collecting documents, as appropriate. Any statements given by an officer who is subject to criminal investigation cannot later be used against the officer in a criminal proceeding, as provided under the Fifth Amendment to the U.S. Constitution, unless such constitutional right is waived. (6) The Board may obtain outside counsel and independent investigators in order to carry out the Board's duties. (7) The Board may hold general informational hearings concerning Police Depart- ment practices, procedures or written policies, and such hearings will be public. The Board shall then report the results of such general informational hearings to the City Council, as the Board deems appropriate. VII. PUBLIC RECORDS; EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions Iowa Code Chapter 22. (b) The minutes of any session closed under the provisions of Iowa Code Chapter 22 and/or Chapter shall be closed records. (c) No member of the Board or of its staff shall disclose the filing of a complaint, the information gathered during the investigation, or the endeavors to address and/or eliminate any complained of act or practice by mediation, except as may be necessary to conduct an investigation of a complaint. Noting in this provision shall prevent the Board from releasing such information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its required annual report or otherwise. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Board or its staff shall constitute grounds for removal. ARTICLE VIII. CONDUCT OF BOARD BUSINESS: Section 1, Aqenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all regular Board meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Board members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2, Minutes, Minutes of all regular formal meetings are to be prepared and distributed to Board and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Board shall review all policies and programs of the City relating to the Board's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board will initiate consideration of each item at the next regular Board meeting and shall notify Council of its disposition. Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Board including composition, duties, and terms shall be as designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than three members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. Ch 21, OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS) 358 I! SUBTITLE 9 RESTRAINTS ON GOVERNMENT CHAPTER 21 OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS) 21.1 Intent -- declaration of policy. 21.7 Rules of conduct at meetings. 21,2 Definitions. 21.8 Electronic meetings. 21.3 Meetings of governmental bodies. 21.9 Employment conditions discussed. 21.4 Public notice. 21.10 Information to be provided. 21.5 Closed session. 21.11 Applicability to nonprofit corporations. 21.6 Enforcement. 21.1 Intent -- declaration of policy, g. A nonprofit corporation licensed to conduct This chapter seeks to assure, through a require- gambling games pursuant to chapter 99F. merit of open meetings of governmental bodies, h. An advisory board, advisory commission, ad- that the basis and rationale of governmental deci- visory committee, task force, or other body created sions, as well as those decisions themselves, are by statute or executive order of this state or created easily accessible to the people. Ambiguity in the by an executive order of a political subdivision of construction or application of this chapter should this state to develop and make recommendations be resolved in favor of openness, on public policy issues. [C79, 81, §28A.1] 2. "Meeting" means a gathering in person or by C85, §21.1 electronic means, formal or informal, of a majority of the members of a governmental body where 21.2 Definitions. there is deliberation or action upon any matter As used in this chapter: within the scope of the governmental body's policy- 1. "Governmental body~ means: making duties. Meetings shall not include a gath- a. A board, council, commission or other gov- ering of members of a governmental body for pure- erning body expressly created by the statutes of this state or by executive order, ly ministerial or social purposes when there is no discussion of policy or no intent to avoid the pur- b. A board, council, commission, or other gov- poses of this chapter. erning body of a political subdivision or tax- supported district in this state. 3. "Open session" means a meeting to which all c. A multimembered body formally and directly members of the public have access. created by one or more boards, councils, commis- [C71, 73, 75, 77, §28A. 1; C79, 81, §28A.2] C85, §21.2 sions, or other governing bodies subject to para- graphs "a" and "b' of this subsection. 89 Acts, ch 73, §1; 90 Acts, ch 1175, §1; 90 Acts, d. Those multimembered bodies to which the ch 1271, §701; 91 Acts, ch 258, §26; 93 Acts, ch 25~ state board of regents or a president of a university § 1 has delegated the responsibility for the manage- ment and control of the intercollegiate athletic pro- 21.3 Meetings of governmental bodies. grams at the state universities. Meetings of governmental bodies shall be pre- e. An advisory board, advisory commission, or ceded by public notice as provided in section 21.4 task force created by the governor or the general and shall be held in open session unless closed sas- assembly to develop and make recommendations sions are expressly permitted by law. Except as on public policy issues, provided in section 21.5, all actions and discUS~ f A nonprofit corporation other than a county sions at meetings of governmental bodies, whether or district fair or agricultural society, whose facili- formal or informal, shall be conducted and execut- ties or indebtedness are supported in whole or in ed in open session. part with property tax revenue and which is Ii- Each governmental body shall keep minutes of censed to conduct pari-mutuel wagering pursuant all its meetings showing the date, time and plaCe, to chapter 99D or a nonprofit corporation which is the members present, and the action taken at each a successor to the nonprofit corporation which built meeting. The minutes shall show the resultS of the facility, each vote taken and information sufficient to in{ti- 359 OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS), §21.5 cate the vote of each member present. The vote of 21.5 Closed session. each member present shall be made public at the 1. A governmental body may hold a closed sea- open session. The minutes shall be public records sion only by affirmative public vote of either two- open to public inspection, thirds of the members of the body or all of the mere- IC71, 73, 75, 77, §28A.1, 2gA. 5; C79, 81, §28A.3] bets present at the meeting. A governmental body C85, §21.3 may hold a closed session only to the extent a 93 Acts, ch 25, §2 closed session is necessary for any of the following 21.4 Public notice, a. To review or discuss records which are re- 1. A governmental body, except township quired or authorized by state or federal law to be trustees, shall give notice of the time, date, and kept confidential or to be kept confidential as a corn place of each meeting, and its tentative agenda, in dition for that governmental body's possession or a manner reasonably calculated to apprise the continued receipt of federal funds. public of that information. Reasonable notice shall b. To discuss application for letters patent. include advising the news media who have filed a c. To discuss strategy with counsel in matters request for notice with the governmental body and that are presently in litigation or where litigation posting the notice on a bulletin board or other is imminent where its disclosure would be likely to prominent place which is easily accessible to the prejudice or disadvantage the position of the gnv- public and clearly designated for that purpose at ernmental body in that litigation. the principal office of the body holding the meeting, d. To discuss the contents of a licensing exami- or if no such office exists, at the building in which nation or whether to initiate licensee disciplinary the meeting is to be held. investigations or proceedings if the governmental 2. Notice conforming with all of the require- body is a licensing or examining board. ments of subsection I of this section shall be given e. To discuss whether to conduct a hearing or at least twenty-four hours prior to the commence- to conduct hearings to suspend or expel a student, ment of any meeting of a governmental body unless unless an open session is requested by the student for good cause such notice is impossible or imprac- or a parent or guardian of the student if the stu- tical, in which case as much notice as is reasonably dent is a minor. possible shall be given. Each meeting shall be held at a place reasonably accessible to the public, and f To discuss the decision to be rendered in a at a time reasonably convenient to the public, un- contested case conducted according to the provi- less for good cause such a place or time is impossi- sions of chapter 17A. ble or impractical. Special access to the meeting g. To avoid disclosure of specific law enforce- may be granted to persons with disabilities, ment matters, such as current or proposed investi- When it is necessary to hold a meeting on less gations, inspection or auditing techniques or than twenty-four hours' notice, or at a place that schedules, which if disclosed would enable law vio- ls not reasonably accessible to the public, or at a lators to avoid detection. time that is not reasonably convenient to the pub- h. To avoid disclosure of specific law enforce- lic, the nature of the good cause justifying that de- ment matters, such as allowable tolerances or parture from the normal requirements shall be criteria for the selection, prosecution or settlement stated in the minutes, of cases, which if disclosed would facilitate disre- 3. A formally constituted subunit of a parent gard of requirements imposed by law. gc~vernrnental body may conduct s meeting with- i. To evaluate the professional competency of c~ut notice as required by this section during a law- an individual whose appointment, hiring, peffor- th1 meeting of the parent governmental body, a re- mance or discharge is being considered when nec- cess in that meeting, or immediately following that essary to prevent needless and irreparable injury meeting, if the meeting of the subunit is publicly to that individual's reputation and that individual announced at the parent meeting and the subject requests a closed session. of the meeting reasonably coincides with the sub- j. To discuss the purchase of particular real es- jects discussed or acted upon by the parent govern- tate only where premature disclosure could be rea- mental body. sonably expected to increase the price the govern- 4. If another section of the Code requires a mental body would have to pay for that property. manner of giving specific notice of a meeting, hear- The minutes and the tape recording of a session ~ng, or an intent to take action by a governmental closed under this paragraph shall be available for body, compliance with that section shall constitute public examination when the transaction dis- compliance with the notice requirements of this cussed is completed. section. 2. The vote of each member on the question of [C71, 73, 75, 77, 79, 81, §28A.4] holding the closed session and the reason for hold- C85, §21.4 lng the closed session by reference to a specific ex- 96 Acts, ch 1129, §113 emption under this section shall be announced Terminolo(,.y change applied publicly at the open session and entered in the §21.5, OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS) 360 minutes. A governmental body shall not discuss a. Shall assess each member of the governmen- any business during a closed session which does tal body who participated in its violation damages not directly relate to the specific reason announced in the amount of not more than five hundred del- as justification for the closed session, lars nor less than one hundred dollars. These dam- 3. Final action by any governmental body on ages shall be paid by the court imposing it to the any matter shall be taken in an open session unless state of Iowa, if the body in question is a state gev- some other provision of the Code expressly permits ernmental body, or to the local government in- such actions to be taken in closed session, volved if the body in question is a local governmen- 4. A governmental body shall keep detailed tal body. A member of a governmental body found minutes of all discussion, persons present, and ac- to have violated this chapter shall not be assessed tion occurring at a closed session, and shall also such damages if that member proves that the tape record all of the closed session. The detailed member did any of the following: minutes and tape recording of a closed session (1) Voted against the closed session. shall be sealed and shall not be public records open (2) Had good reason to believe and in good faith to public inspection. However, upon order of the believed facts which, if true, would have indicated court in an action to enforce this chapter, the de- compliance with all the requirements of this chap- tailed minutes and tape recording shall be un- ter. sealed and examined by the court in camera. The (3) Reasonably relied upon a decision of a court court shall then determine what part, if any, of the or a formal opinion of the attorney general or the minutes should be disclosed to the party seeking attorney for the governmental body. enforcement of this chapter for use in that enforce- b. Shall order the payraent of all costs and rea- ment proceeding. In determining whether any per- sonable attorneys fees to any party successfully es- tion of the minutes or recording shall be disclosed tablishing a v~olation of this chapter. The costs and to such a party for this purpose, the court shall fees shall be paid by those members of the govern- weigh the prejudicial effects to the public interest mental body who are assessed damages under of the disclosure of any portion of the minutes or paragraph "a' of this subsection. If no such mom- recording in question, against its probative value bors exist because they have a lawful defense as evidence in an enforcement proceeding. After under that paragraph to the imposition of such such a determination, the court may permit inspec- damages, the costs and fees shall be paid to the tion and use of all or portions of the detailed min- successful party from the budget of the offending utes and tape recording by the party seeking en- governmental body or its parent. forcement of this chapter. A governmental body c. Shall void any action taken in violation of shall keep the detailed minutes and tape recording this chapter, if the suit for enforcement of this of any closed session for a period of at least one chapter is brought within six months of the viola- year from the date of that meeting, tion and the court finds under the facts of the par- 5. Nothing in this section requires a govern- ticular case that the public interest in the enforce- mental body to hold a closed session to discuss or ment of the policy of this chapter outweighs the act upon any matter, public interest in sustaining the validity of the ac- [C71, 73, 75, 77, §28A.3; C79, 81, §28A.5] tion taken in the closed session. This paragraph C85, §21.5 shall not apply to an action taken regarding the is- suance of bonds or other evidence of indebtedness 21.6 Enforcement. of a governmental body if a public hearing, election 1. The remedies provided by this section or public sale has been held regarding the bonds or against state governmental bodies shall be in addi- evidence of indebtedness. tion to those provided by section 17A. 19. Any ag- d. Shall issue an order removing a member of grieved person, taxpayer to, or citizen of, the state a governmental body from office if that member of Iowa, or the attorney general or county attorney, has engaged in two prior violations of this chapter may seek judicial enforcement of the requirements for which damages were assessed against the of this chapter. Suits to enforce this chapter shall member during the member's term. be brought in the district court for the county in e. May issue a mandatory injunction punish- which the governmental body has its principal able by civil contempt ordering the members of the place of business, offending governmental body to refrain for one 2. Once a party seeking judicial enforcement of year from any future violations of this chapter. this chapter demonstrates to the court that the 4. Ignorance of the legal requirements of this body in question is subject to the requirements of chapter shall be no defense to an enforcement pro- this chapter and has held a closed session, the bur- ceeding brought under this section. A governmen- den of going forward shall be on the body and its tal body which is in doubt about the legality ofctos- members to demonstrate compliance with the re- lng a particular meeting is authorized to bring suit quirements of this chapter, at the expense of that governmental body in the 3. Upon a finding by a preponderance of the er- district court of the county of the governmental idence that a governmental body has violated any body's principal place of business to ascertain the provision of this chapter, a court: propriety of any such action, or seek a formal opLn- 361 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), Ch 22 ion of the attorney general or an attorney for the ducted without complying with paragraph "a" of governmental body. subsection 1 if conducted in accordance with all of [C71, 73, 75, 77, §28A. 7, 28A.8; C79, 81, §28A.6] the requirements for a closed session contained in C85, §21.6 section 21.5. [C79, 81, §28A.8] 21.7 Rules of conduct at meetings. C85, §21.8 The public may use cameras or recording devices at any open session. Nothing in this chapter shall 21.9 Employment conditions discussed. prevent a governmental body from making and eh- A meeting of a governmental body to discuss forcing reasonable rules for the conduct of its meet- strategy in matters relating to employment condi- ings to assure those meetings are orderly, and free tions of employees of the governmental body who are not covered by a collective bargaining agree- from interference or interruption by spectators. [C79, 81, §28A.71 ment under chapter 20 is exempt from this chap- C85, §21.7 ter. For the purpose of this section, "employment conditions" mean areas included in the scope of ne- gotiations listed in section 20.9. 21.8 Electronic meetings. [81 Acts, ch 30, §1] 1. A governmental body may conduct a meeting C83, §28A.9 by electronic means only in circumstances where C85, §21.9 such a meeting in person is impossible or impracti- cai and only if the governmental body complies 21.10 Information tobe provided. with all of the following: The authority which appoints members of gov- a. The governmental body provides public ac- ernmental bodies shall provide the members with cess to the conversation of the meeting to the ex- information about this chapter and chapter 22. tent reasonably possible. The appropriate commissioner of elections shall b. The governmental body complies with sec- provide that information to members of elected tion 21.4. For the purpose of this paragraph, the governmental bodies. place of the meeting is the place from which the 89 Acts, ch 73, §2 communication originates or where public access is provided to the conversation. 21.11 Applicability to nonprofit corpora- c. Minutes are kept of the meeting, tions. The minutes shall include a statement explain- This chapter applies to nonprofit corporations ing why a meeting in person was impossible or ira- which are defined as governmental bodies subject practica[, to section 21.2, subsection 1, paragraph "f", only 2. A meeting conducted in compliance with this when the meetings conducted by the nonprofit cor- section shall not be considered in violation of this porations relate to the conduct of pari-mutuel rac- chapter, ing and wagering pursuant to chapter 99D. 3. A meeting by electronic means may be con- 90 Acts, ch 1175, §2 CHAPTER 22 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDSI 22.1 Defiaitions. 22.8 Injunction to restrain examinatiom 222 Right to examine public records -- exceptions. 22.9 Denial of federal funds -- rules. [ 22 3 Supervision. 22.10 Civil enforcement. 22.3A Access to data processing software. 22.11 Fair information practices. 2'24 Hours when available. 22.12 Political subdivisions. 22.5 Enforcement of rights. 22.13 Settlements -- governmental b~dies. 22 6 Penalty. 22.14 Public funds investment records in custody of 2'2 7 Confidential records, third parties. §22.1, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 362 22.1 Definitions. 22.2 Right to examine public records -- ex- 1. The term "government body" means this ceptions. state, or any county, city, township, school corpora- 1. Every person shall have the right to examine tion, political subdivision, tax-supported district, and copy public records and to publish or otherwise nonprofit corporation other than a county or dis- disseminate public records or the information con- trict fair or agricultural society, whose facilities or tained therein. The right to copy public records indebtedness are supported in whole or in part shallinclude the right to make photographs or pho- with property tax revenue and which is licensed to tographic copies while the records are in the pos- conduct pari-mutuel wagering pursuant to chapter session of the custodian of the records. All rights 99D, or other entity of this state, or any branch, de- under this section are in addition to the right to partment, board, bureau, commission, council, tain certified copies of records under section committee, official or officer, of any of the foregoing 622.46. or any employee delegated the responsibility for 2. A government body shall not prevent the ex- implementing the requirements of this chapter, amination or copying of a public record by contract- 2. The term "lawful custodian" means the gov- ing with a nongovernment body to perform any of ernment body currently in physical possession of its duties or functions. the public record. The custodian of a public record 3. However, notwithstanding subsections 1 in the physical possession of persons outside a gov- and 2, a government body is not required to permit ernment body is the government body owning that record. The records relating to the investment of access to or use of the following: public funds are the property of the public body re- a. A geographic computer data base by any per- son except upon terms and conditions acceptable to sponsible for the public funds. Each government the governing body. The governing body shall es- body shall delegate to particular off~cials or em- ployees of that government body the responsibility tablish reasonable rates and procedures for the re- for implementing the requirements of this chapter trieval of specified records, which are not confiden- and shall publicly announce the particular officials tial records, stored in the data base upon the or employees to whom responsibility for imple- request of any person. menting the requirements of this chapter has been b. Data processing software developed by the ,, , government body, as provided in section 22.3A. delegated. Lauful custodian" does not mean an automated data processing unit of a public body if [C71, 73, 75, 77, 79, 81, §68A.2] the data processing unit holds the records solely as 84 Acts, ch 1185, §2 the agent of another public body, nor does it mean C85, §22.2 a unit which holds the records of other public bod- 89 Acts, ch 189, §1; 96 Acts, ch 1099, §14 ies solely for storage. Subsection 3 amended 3. As used in this chapter, "public records" in- cludes all records, documents, tape, or other infor- 22.3 Supervision. marion, stored or preserved in any medium, of or Such examination and copying shall be done belonging to this state or any county, city, town- under the superwision of the lawful custodian of ship, school corporation, political subdivision, non- the records or the custodian's authorized deputy. profit corporation other than a county or district The lawful custodian may adopt and enforce rea- fair or agricultural society, whose facilities or in- sonable rules regarding such work and the protec- debtedness are supported in whole or in part with tion of the records against damage or disorganiza- property tax revenue and which is licensed to con- tion. The lawful custodian shall provide a suitable duct pari-mutuel wagering pursuant to chapter place for such work, but if it is impracticable to do 99D, or tax-supported district in this state, or any such work in the office of the lawful custodian, the branch, department, board, bureau, commission, person desiring to examine or copy shall pay any council, or committee of any of the foregoing, necessary expenses of providing a place for such "Public records" also includes all records relating work. All expenses of such work shall be paid by to the investment of public funds including but not the person desiring to examine or copy. The lawful limited to investment policies, instructions, trad- custodian may charge a reasonable fee for the serv- ing orders, or contracts, whether in the custody of ices of the lawful custodian or the custodian's au- the public body responsible for the public funds or thorized deputy in supervising the records during a fiduciary or other third party, such work. If copy equipment is available at the of- [C71, 73, 75, 77, 79, 81, §68A.1] rice of the lawful custodian of any public records, 84 Acts, ch 1145, §1; 84 Acts, ch 1185, §1 the lawful custodian shall provide any person a C85, §22.1 reasonable number of copies of any public record in 90 Acts, ch 1271, §702; 91 Acts, ch 258, §27; 92 the custody of the office upon the payment of a fee. Acts, ch 1156, §6, 7 The fee for the copying service as determined by EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.3A the lawful custodian shall not exceed the cost of record in either written or electronic form. If it is providing the service, necessary to separate a public record from data [C71, 73, 75, 77, 79, 81, §68A.3] processing software in order to permit the exami- C85, §22.3 nation or copying of the public record, the govern- ment body shall bear the cost of separation of the 22.3A Access to data processing software, public record from the data processing software. 1. As used in this section: The electronic public record shall bo made avail- a. "Access" means the instruction of, communi- able in a format useable with commonly available cation with, storage of data in, or retrieval of data data processing or data base management soft- from a computer, ware. The cost chargeable to a person receiving a b. "Computer" means an electronic device public record separated from data processing soft- which performs logical, arithmetical, and memory ware under this subsection shall not be in excess functions by manipulations of electronic or mag- of the charge under this chapter unless the person netic impulses, and includes all input, output, pro- receiving the public record requests that the public cessing, storage, and communication facilities record be specially processed. A government body which are connected or related to the computer in- may establish payment rates and procedures re- cludinga computer network. As used in this para- quired to provide access to data processing soft- graph, "computer" includes any central processing ware, regardless of whether the data processing software is separated from or combined with a pub- unit, front-end processing unit, miniprocessor, or microprocessor, and related peripheral equipment lic record. Proceeds from payments may be consid- such as data storage devices, document scanners, ered repayment receipts, as defined in section 8.2. data entry terminal controllers, and data terminal The payment amount shall be calculated as fei- equipment and systems for computer networks, lows: c. "Computer network" means a set of related, a. If access to the data processing software is provided to a person solely for the purpose of ac~ remotely connected devices and communication fa- cessinga public record, the amount shall be not ~ilities including two or more computers with capa- more than that required to recover direct publica- '~ity to transmit data among them through com- tion costs, including but not limited to editing, munication facilities, compilation, and media production costs, incurred d. "Data' means a representation of informs- by the government body in developing the data pro- tion. knowledge, facts, concepts, or instructions cessing software, and preparing the data process- that has been prepared or is being prepared in a lng software for transfer to the person. The amount formalized manner and has been processed, or is shall be in addition to any other fee required to be intended to be processed, in a computer. Data may paid under this chapter for the examination and be stored in any form, including but not limited to copying of a public record. The government body a printout, magnetic storage media, disk, compact shall if requested, provide documentation which disc, punched card, or as memory of a computer, explains and justifies the amount charged. This e. "Dataprocessingsoftware'meansanordered paragraph shall not apply to any publication for set of instructions or statements that, when exe- which a price has been established pursuant to an- cured by a computer, causes the computer to proc- other section, including section 7A.22. ess data, and includes any program or set of pro- b. If access to the data processing software is ~ams, procedures, or routines used to employ and provided to a person for a purpose other than pro- control capabilities of computer hardware. As used vided in paragraph "a", the amount may be estab- :n this paragraph "data processing software" in- lished according to the discretion of the govern- ciudes but is not limited to an operating system, ment body, and may be based upon competitive compiler, assembler, utility, library resource, market considerations as determined by the gev- maintenance routine, application, or computer net- erument body. ~'orking program. 3. A government body is granted and may '2. A government body may provide, restrict, or apply for and receive any legal protection neces- prohibit access to data processing software devel- sary to secure a right to or an interest in data pro- ~ped by the government body, regardless ofwheth- cessing software developed by the government ~r the data processing software is separated or body, including but not limited to federal copy- :~cabined with a public record. A government b~dy right, patent, and trademark protections, and any -hail establish policies and procedures to provide trade secret protection available under chapter .~ccess to public records which are combined with 550. The government body may enter into agree- '~d · -~- ara processing sof~ware. A public record shall ments for the sale or distribution of its data pro- ~,~ be withheld from the public because it is com- cessing software, including marketing and licens- ~ned with data processing software. A govern- lng agreements. The government body may impose nent body shall not acquire any electronic data conditions upon the use of the data processing soft- processing system for the storage, manipulation, ware that is otherwise consistent with state and ~r retrieval of public records that would impair the federal law. ;;'~vernment body's ability to permit the examina- 96 Acts, ch 1099, §15 t~on of a public record and the copying of a public ~w §22.4, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 364 22.4 Hours when available. 3. Trade secrets which are recognized and pro- The rights of persons under this chapter may be tected as such by law. exercised at any time during the customary office 4. Records which represent and constitute the hours of the lawful custodian of the records. How- work product of an attorney, which are related to ever, if the lawful custodian does not have custom- litigation or claim made by or against a public ary office hours of at least thirty hours per week, body. such right may be exercised at any time from nine 5. Peace officers' investigative reports, except o'clock a.m. to noon and from one o'clock p.m. to where disclosure is authorized elsewhere in this four o'clock p.m. Monday through Friday, exclud- Code. However, the date, time, specific location, ing legal holidays, unless the person exercising and immediate facts and circumstances surround- such right and the lawful custodian agree on a dif- ing a crime or incident shall not be kept confiden- ferent time. rial under this section, except in those unusual cir- [C71, 73, 75, 77, 79, 81, §68A.4] cumstances where disclosure would plainly and 84 Acts, ch 1185, §3 seriously jeopardize an investigation or pose a C85, §22.4 clear and present danger to the safety of an indi- vidual. 22.5 Enforcement of rights. 6. Reports to governmental agencies which, if The provisions of this chapter and all rights of released, would give advantage to competitors and persons under this chapter may be enforced by serve no public purpose. mandamus or injunction, whether or not any other 7. Appraisals or appraisal information con- remedy is also available. In the alternative, rights under this chapter also may be enforced by an ac- cerning the purchase of real or personal property tion for judicial review according to the provisions for public purposes, prior to public announcement of the Iowa administrative procedure Act, if the of a project. records involved are records of an "agency" as de- 8. Iowa department of economic development fined in that Act. information on an industrial prospect with which [C71, 73, 75, 77, 79, 81, §68A.51 the department is currently negotiating. 84 Acts, ch 1185, §4 9. Criminal identification files of law enforce- C85, §22.5 merit agencies. However, records of current and prior arrests and criminal history data shall be 22.6 Penalty. public records. It shall be unlawful for any person to deny or re- 10. Personal information in confidential per- fuse any citizen of Iowa any right under this chap- sonnel records of the military division of the de- ter, or to cause any such right to be denied or re- partment of public defense of the state. fused. Any person knowingly violating or 11. Personal information in confidential per- attempting to violate any provision of this chapter sonnel records of public bodies including but not where no other penalty is provided shall be guilty limited to cities, boards of supervisors and school of a simple misdemeanor, districts. [C71, 73, 75, 77, 79, 81, §68A.6] 12. Financial statements submitted to the de- C85, §22.6 partment of agriculture and land stewardship pur- suant to chapter 203 or chapter 203C, by or on be- 22.7 Confidential records, half of a licensed grain dealer or warehouse The following public records shail be kept confi- operator or by an applicant for a grain dealer li- dentiai, unless otherwise ordered by a court, by the cerise or warehouse license. lawful custodian of the records, or by another per- 13. The records of a library which, by them- son duly authorized to release such information: selves or when examined with other public records, 1. Personal information in records regarding a would reveal the identity of the library patron student, prospective student, or former student checking out or requesting an item or information maintained, created, collected or assembled by or from the library. The records shall be released to for a school corporation or educational institution a criminal or juvenile justice agency only pursuant maintaining such records, to an investigation of a particular person or orgam- 2. Hospital records, medical records, and pro- zation suspected of committing a known crime. The fessional counselor records of the condition, diag- records shall be released only upon a judicial deter- nosis, care, or treatment of a patient or former pa- ruination that a rational connection exists between tient or a counselee or former counselee, including the requested release of information and a legiti- outpatient. However, confidential communications mate end and that the need for the information is between a crime victim and the victim's counselor cogent and compelling. are not subject to disclosure except as provided in 14. The material of a library, museum or ar- section 236A. 1. However, the Iowa department of chive which has been contributed by a private per- public health shall adopt rules which provide for son to the extent of any limitation that is a comii- the sharing of information among agencies con- tion of the contribution. cerning the maternal and child health program, 15. Information concerning the procedures to while maintaining an individual's confidentiality, be used to control disturbances at adult correcti~- 365 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.7 al institutions. Such information shall also be ex- tion in these confidential communications is sub- empt from public inspection under section 17A.3. ject to disclosure only as provided in section As used in this subsection disturbance means a riot 679.12, notwithstanding this chapter. or a condition that can reasonably be expected to 21. Information concerning the nature and 1o- cause a riot. cation of any archaeological resource or site ii', in 16. Information in a report to the Iowa depart- the opinion of the state archaeologist, disclosure of ment of public health, to a local board of health, or the information will result in unreasonable risk of to a local health department, which identifies a damage to or loss of the resource or site where the person infected with a reportable disease, resource is located. This subsection shall not be 17. Records of identity of owners of public construed to interfere with the responsibilities of bonds or obligations maintained as provided in sec- the federal government or the state historical pres- tion 76.10 or by the issuer of the public bonds or ob- ervation officer pertaining to access, disclosure, ligations. However, the issuer of the public bonds and use of archaeological site records. or obligations and a state or federal agency shall 22. Information concerning the nature and lo- have the right of access to the records, cation of any ecologically sensitive resource or site 18. Communications not required by law, rule, if, in the opinion of the director of the department or procedure that are made to a government body of natural resources after consultation with the or to any of its employees by identified persons out- state ecologist, disclosure of the information will side of government, to the extent that the govern- result in unreasonable risk of damage to or loss of ment body receiving those communications from the resource or site where the resource is located. such persons outside of government could reason- This subsection shall not be construed to interfere ably believe that those persons would be discour- with the responsibilities of the federal government aged from making them to that government body or the director of the department of natural re- if they were available for general public examina- sources and the state ecologist pertaining to ac- tion. Notwithstanding this provision: cess, disclosure, and use of the ecologically sensi- ~. The communication is a public record to the tive site records. mt that the person outside of government mak- 23. Reports or recommendations of the Iowa in- lng that communication consents to its treatment surance guaranty association filed or made pursu- as a public record, ant to section 515B. 10, subsection 1, paragraph b. Information contained in the communica- "a', subparagraph (2). tion is a public record to the extent that it can be 24. Information or reports collected or submit- disclosed without directly or indirectly indicating ted pursuant to section 508C. 12, subsections 3 and the identity of the person outside of government 5, and section 508C.13, subsection 2, except to the making it or enabling others to ascertain the iden- extent that release is permitted under those sec- tity of that person, tions. c. Information contained in the communication 25. Records of purchases of alcoholic liquor is a public record to the extent that it indicates the from the alcoholic beverages division of the depart- date, time, specific location, and immediate facts ment of commerce which would reveal purchases and circumstances surrounding the occurrence of made by an individual class "E' liquor control li- a crime or other illegal act, except to the extent censee. However, the records may be revealed for that its disclosure would plainly and seriously law enforcement purposes or for the collection of jeopardize a continuing investigation or pose a payments due the division pursuant to section clear and present danger to the safety of any per- 123.24. son. In any action challenging the failure of the 26. Financial information, which if released lawful custodian to disclose any particular infor- would give advantage to competitors and serve no rnation of the kind enumerated in this paragraph, public purpose, relating to commercial operations the burden of proof is on the lawful custodian to conducted or intended to be conducted by a person demonstrate that the disclosure of that informa- submitting records containing the information to tion would jeopardize such an investigation or the department of agriculture and land steward- would pose such a clear and present danger, ship for the purpose ofobtalning assistance in busi- 19. Examinations, including but not limited to ness planning. cognitive and psychological examinations for law 27. Applications, investigation reports, and enforcement officer candidates administered by or case records of persons applying for county general on behalf of a governmental body, to the extent assistance pursuant to section 252.25. that their disclosure could reasonably be believed 28. Marketing and advertising budget and b,, the custodian to interfere with the accomplish- strategy of a nonprofit corporation which is subject t of the objectives for which they are adminis- to this chapter. However, this exemption does not ~ ~ ed. apply to salaries or benefits of employees who are 20. Memoranda, work products and case files of employed by the nonprofit corporation to handle a. mediator and all other confidential communica- the marketing and advertising responsibilities. U°ns in the possession of an approved dispute reso. 29. The information contained in records of the lution center, as provided in chapter 679. Informa- centralized employee registry created in chapter §22.7, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 366 252G, except to the extent that disclosure is autho- §1; 94 Acts, ch 1174, § 1; 95 Acts, ch 100, §1; 95 Acts, rized pursuant to chapter 252G. ch 129, §1; 95 Acts, ch 191, §1; 96 Acts, ch 1037, §1; 30. Records and information obtained or held 96 Acts, ch 1099, §16; 96 Acts, ch 1133, §38; 96 by independent special counsel during the course Acts, ch 1150, §1; 96 Acts, ch 1212, §10 of an investigation conducted pursuant to section subs~c~o, 9 amended 68B.34. Information that is disclosed to a legisla- NEW ~b~ectio.~ 3a-3s tive ethics committee subsequent to a determina- tion of probable cause by independent special coun- 22.8 Injunction to restrain examination. scl and made pursuant to section 68B.31 is not a 1. The district court may grant an injunction confidential record unless otherwise provided by restraining the examination, including copying, of law. a specific public record or a narrowly drawn class 31. Information contained in a declaration of of public records. A hearing shall be held on a re- paternity completed and filed with the state regis- quest for injunction upon reasonable notice as de- termined by the court to persons requesting access trar of vital statistics pursuant to section 144.12A, to the record which is the subject of the request for except to the extent that the information may be injunction. It shall be the duty of the lawful custo- provided to persons in accordance with section 144.12A. ' dian and any other person seeking an injunction to ensure compliance with the notice requirement. 32. Memoranda, work products, and case files Such an injunction may be issued only if the peti- of a mediator and all other confidential communi- tion supported by affidavit shows and if the court cations in the possession of a mediator, as provided finds both of the following: in chapters 86 and 216. Information in these confi- a. That the examination would clearly not be in dential communications is subject to disclosure the public interest. only as provided in sections 86.44 and 216.15B, b. That the examination would substantially notwithstanding any other contrary provision of and irreparably injure any person or persons. this chapter. 2. An injunction shall be subject to the rules of 33. Social security numbers of the owners of civil procedure except that the court in its discre- unclaimed property reported to the treasurer of tion may waive bond. state pursuant to section 556.11, subsection 2, in- 3. In actions brought under this section the dis- cluded on claim forms filed with the treasurer of trict court shall take into account the policy of this state pursuant to section 556.19, included in out- chapter that free and open examination of public dated warrant reports received by the treasurer of records is generally in the public interest even state pursuant to section 25.2, or stored in record though such examination may cause inconve- systems maintained by the treasurer of state for nience or embarrassment to public officials or oth- purposes of administering chapter 556, or social se- ers. A court may issue an injunction restraining ex- curity numbers of payees included on state war- amination of a public record or a narrowly drawn rants included in records systems maintained by class of such records, only if the person seeking the the department of revenue and finance for the pur- injunction demonstrates by clear and convincing pose of documenting and tracking outdated war- evidence that this section authorizes its issuance. rants pursuant to section 25.2. An injunction restraining the examination of a 34. Data processing software, as defined in sec- narrowly drawn class of public records may be is- tion 22.3A, which is developed by a government sued only if such an injunction would be justified body. under this section for every member within the 35. A record required under the Iowa financial class of records involved if each of those members transaction reporting Act listed in section 529.2, were considered separately. subsection 9. 4. Good-faith, reasonable delay by a lawful cus- 36. Records of the Iowa department of public todian in permitting the examination and coping health pertaining to participants in the gambling of a government record is not a violation of this treatment program except as otherwise provided chapter if the purpose of the delay is any of the fol- in this chapter, lowing: [C71, 73, 75, 77, 79, 81, §68A.7; 81 Acts, ch 36, a. To seek an injunction under this section. §1, ch 37, §1, ch 38, §1, ch 62, §4] b. To determine whether the lawful custodian 83 Acts, ch 90, §9; 84 Acts, ch 1014, § 1; 84 Acts, is entitled to seek such an injunction or should seek ch 1185, §5, 6 such an injunction. C85, §22.7 c. To determine whether the government rec- 85 Acts, ch 134, §16; 85 Acts, ch 175, §1; 85 Acts, ord in question is a public record, or confidential ch 208, §1; 86 Acts, ch 1184, §1; 86 Acts, ch 1228, record. §1; 87 Acts, ch 223, §20; 88 Acts, ch 1010, §1; 88 d. To determine whether a confidential record Acts, ch 1256, §1; 89 Acts, ch 194, §1; 89 Acts, ch should be available for inspection and copying to 304, §102; 89 Acts, ch 311, §22; 90 Acts, ch 1017, the person requesting the right to do so. A reason- §1; 90 Acts, ch 1271, §703; 92 Acts, ch 1212, §3; 93 able delay for this purpose shall not exceed twanty Acts, ch 79, §2; 93 Acts, ch 163, §27; 94 Acts, ch calendar days and ordinarily should not exceed 1023, §76; 94 Acts, ch 1064, §1; 94 Acts, ch 1092, business days. 367 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.11 e. Actions for injunctions under this section and, ifappropriate, mayorder the lawfulcustodian may be brought by the lawful custodian of a gov- and other appropriate persons to refrain for one eminent record, or by anothsr government body or year from any future violations of this chapter. person who would be aggrieved or adversely affect- b. Shall assess the persons who participated in ed by the examination or copying of such a record, its violation damages in the amount of not more f The rights and remedies provided by this sec- than five hundred dollars nor less than one hun- tion are in addition to any rights and remedies pro- dred dollars. These damages shall be paid by the vided by section 17A. 19. court imposing them to the state of Iowa if the body [C71, 73, 75, 77, 79, 81, §68A.8] in question is a state government body, or to the 84 Acts, ch 1185, §7 local government involved if the body in question C85, §22.8 is a local government body. A person found to have violated this chapter shall not be assessed such 22.9 Denial of federal funds -- rules, damages if that person proves that the person el- If it is determined that any provision of this ther voted against the action violating this chap- chapter would cause the denial of funds, services ter, refused to participate in the action violating or essential information from the United States this chapter, or engaged in reasonable efforts government which would otherwise definitely be under the circumstances to resist or prevent the available to an agency of this state, such provision action in violation of this chapter; had good reason shall be suspended as to such agency, but only to to believe and in good faith believed facts which, if the extent necessary to prevent denial of such true, would have indicated compliance with the re- funds, services, or essential information, quirements of this chapter; or reasonably relied An agency within the meaning of section 17A.2, upon a decision of a court or an opinion of the attar- subsection 1 shall adopt as a rule, in each situation ney general or the attorney for the government where this section is believed applicable, its deter- body. ruination identifying those particular provisions of c. Shall order the payment of all costs and rea- this chapter that must be waived in the circum- sortable attorneys fees, including appellate attar- stances to prevent the denial of federal funds, sero- heys fees, to any plaintiff successfully establishing ices, or information, a violation of this chapter in the action brought [C71, 73, 75, 77, 79, 81, §68A.9] under this section. The costs and fees shall be paid 84 Acts, ch 1185, §8 by the particular persons who were assessed dam- C85, §22.9 ages under paragraph "b" of this subsection. If no such persons exist because they have a lawful de- 22.10 Civil enforcement, lense under that paragraph to the imposition of 1. The rights and remedies provided by this such damages, the costs and fees shall be paid to section are in addition to any rights and remedies the successful plaintiff from the budget of the of- provided by section 17A.19. Any aggrieved person, fending government body or its parent. any taxpayer to or citizen of the state of Iowa, or d. Shall issue an order removing a person from the attorney general or any county attorney, may office if that person has engaged in two prior viola- seek judicial enforcement of the requirements of tions of this chapter for which damages were this chapter in an action brought against the law- sessed against the person during the person's ful custodian and any other persons who would be term. appropriate defendants under the circumstances. 4. Ignorance of the legal requirements of this Suits to enforce this chapter shall be brought in the chapter is not a defense to an enforcement proceed- district court for the county in which the lawful lng brought under this section. A lawful custodian custodian has its principal place of business, or its designee in doubt about the legality of allow- 2. Once a party seeking judicial enforcement of lng the examination or copying or refusing to allow this chapter demonstrates to the court that the de- the examination or copying of a government record fendant is subject te the requirements of this chap- is authorized to bring suit at the expense of that ter, that the records in question are government government body in the district court of the county records, and that the defendant refused to make of the lawful custodian's principal place of busi- those government records available for examina- ness, or to seek an opinion of the attorney general :mn and copying by the plaintiff, the burden of or the attorney for the lawful custodian, to ascer- ~Omg forward shall be on the defendant to demon- rain the legality of any such action. -!rate compliance with the requirements of this 5. Judicial enforcement under this section does c.~apter, not preclude a criminal prosecution under section :~ Upon a finding by a preponderance of the ev- 22.6 or any other applicable criminal provision. ~d~,~ce that a lawful custodian has violated any 84 Acts, ch 1185, §9 Pre, vision of this chapter, a court: a Shall issue an injunction punishable by civil 22.11 Fair information practices. contempt ordering the offending lawful custodian This section may be cited as the "Iowa Fair In far- ,nd Other appropriate persons to comply with the marion Practices Act". It is the intent of this section requirements of this chapter in the case before it to require that the information policies of state §22.11, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 368 agencies are clearly defined and subject to public reasonable notice, make the proposed policy avail- review and comment, able for public inspection and allow full opportuni- 1. Each state agency as defined in chapter 17A ty for the public to comment before adopting the shall adopt rules which provide the following: policy. If the public body is established pursuant to a. The nature and extent of the personally an agreement under chapter 28E, the policy must identifiable information collected by the agency, be adopted by a majority of the public agencies the legal authority for the collection of that infer- party to the agreement. These policies shall be mation, and a description of the means of storage, kept in the off~ce of the county auditor if adopted b. A description of which of its records are pub- by the board of supervisors, the city clerk if adopt- lic records, which are confidential records, and ed by a city, and the chief administrative officer of which are partially public and partially confiden- the public body if adopted by some other elected tial records and the legal authority for the confi- governing body. dentiality of the records. The description shall in- 84 Acts, ch 1185, §11 dicate whether the records contain personally identifiable information. 22.13 Settlements -- governmental bodies. c. The procedure for providing the public with A written summary of the terms of settlement, access to public records, including amounts of payments made to or through d. The procedures for allowing a person to re- a claimant, or other disposition of any claim for view a government record about that person and damages made against a governmental body or have additions, dissents, or objections entered in against an employee, officer, or agent of a govern- that record unless the review is prohibited by stat- mental body, by an insurer pursuant to a contract ute. of liability insurance issued to the governmental e. The procedures by which the subject of a con- body, shall be filed with the governmental body fidential record may have a copy of that record re- and shall be a public record. leased to a named third party. 91 Acts, ch 96, §1 f The procedures by which the agency shall no- tify persons supplying information requested by 22.14 Public funds investment records in the agency of the use that will be made of the infer- marion, which persons outside of the agency might custody of third parties. routinely be provided this information, which 1. The records of investment transactions parts of the information requested are required made by or on behalf of a public body are public rec- and which are optional and the consequences of ords and are the propertyofthepublicbodywheth- failing to provide the information requested, er in the custody of the public body or in the custe- g. Whether a data processing system matches, dy of a fiduciary or other third party. collates, or permits the comparison of personally 2. If such records of public investment transac- identifiable information in one record system with tions are in the custody of a fiduciary or other third personally identifiable information in another rec- party, the public body shall obtain from the fidu- etd system, ciary or other third party records requested pursu- 2. A state agency shall not use any personally ant to section 22.2. identifiable information after July 1, 1988, unless 3. If a fiduciary or other third party with custe- it is in a record system described by the rules re- dy of public investment transactions records fails quired by this section, to produce public records within a reasonable peri- 84 Acts, ch 1185, § 10 od of time as requested by the public body, the pub- lic body shall make no new investments with or 22.12 Political subdivisions, through the fiduciary or other third party and shall A political subdivision or public body which is not renew existing investments upon their maturi- not a state agency as defined in chapter 17A is not ty with or through the fiduciary or other third required to adopt policies to implement section party. The fiduciary or other third party shall be 22.11. However, if a public body chooses to adopt liable for the penalties imposed under section 22.6 policies to implement section 22.11 the policies due to the act~ or omissions of the fiduciary or must be adopted by the elected governing body of other third party and any other remedies available the political subdivision of which the public body under statute, common law, or contract. is a part. The elected governing body must give 92 Acts, ch 1156, §8