26AO:0008 - Changes to Notice Requirements, Confidentiality Exceptions, and Injunctions Against Vexatious Requestors

Advisory Opinion 26AO:0008

DATE: July 16, 2026

SUBJECT: Changes to Notice Requirements, Confidentiality Exceptions, and Injunctions Against Vexatious Requestors

This advisory opinion is issued to provide clarification on the new provisions of House File 2490, which took force on July 1, 2026 and amend Chapter 21’s provisions on notice, supervision and fees associated with examining and copying public records, the status of certain employment separation information and adds a new section which authorizes judicial injunctions to restrain vexatious requesters. 

“Any person may request a board advisory opinion construing or applying Iowa Code chapters 21, 22, and 23. An authorized agent may seek an opinion on behalf of any person. The board will not issue an opinion to an unauthorized third party. The board may on its own motion issue opinions without receiving a formal request.” We note at the outset that IPIB’s jurisdiction is limited to the application of Iowa Code chapters 21, 22, and 23, and rules in Iowa Administrative Code chapter 497. Advice in a Board opinion, if followed, constitutes a defense to a subsequent complaint based on the same facts and circumstances.

FACTS PRESENTED

On May 15, 2026, Governor Reynolds signed House File 2490 into law. By its own terms, HF 2490 is “an Act relating to public meetings and records, including public notice requirements for meetings of a governmental body, supervision and fees associated with examining and copying public records, employment separation information for certain government employees, contractors, or appointees, and injunctions to restrain vexatious requesters.” Amongst the changes made, the new law adds additional notice requirements of governmental bodies before public meetings, expands the confidentiality exceptions to personnel files, and adds a new subsection authorizing a district court to issue an injunction to restrain vexatious public requestors.  Governmental bodies conducting public meetings must comply with these changes effective July 1, 2026.

OPINION:

AMENDED NOTICE REQUIREMENTS 21.4(1)(a)(1)

HF2490 (91) amends Iowa Code Section 21.4, subsection 1, paragraph “a” to create a three-part compliance for lawful notice under Chapter 21. The new language explicitly states that all three paragraphs “a”-“c” must be complied with in order to provide adequate notice. Paragraph “a” remains substantially the same in requiring that the governmental body must provide the notice to all news media who have filed a request for notice. 

New paragraph “b” changes the requirements for physical posting of notice. It removes the requirement that the notice be placed at the principal office of the body holding the meeting, or if no office exists, where the meeting will be held. This is no longer required at all. Instead, the body must “annually designate [a location] for such purposes by the governmental body.” This alleviates the challenges for bodies that do not have a physical office and meet electronically. It also would allow, for example, a city library that doesn’t have access to an exterior location visible at all times to designate the city hall’s exterior public bulletin board as their notice location to comply with the new notice requirements. If a government body is required by other local ordinance or law to place notice in a specific location, new paragraph “b” would allow body to designate the same as their notice location for purpose of Chapter 21. Even if the government body is required by the local ordinance or law to use that location, they should still acknowledge annually that it will use the notice location required by the ordinance or bylaw for the purpose of Chapter 21 in order to comply with paragraph “b”. 

Paragraph “b” also removes the language requiring the notice location to be “easily accessible to the public” – language which was the subject of previous advisory opinions[i] and court decisions debating what locations and how many hours of public access were required to be “easily accessible.” The new requirement is that physical notice be posted “in a prominent and conspicuous place which is annually designated for such purposes by the governmental body, in a manner such that the notice is visible at all times.” This new language takes the guess work out of trying to determine whether a posting is “easily accessible” or how many hours the notice has to be available to the public in order to meet notice requirements. Instead, the new language makes clear that the notice must be visible at all times. Several arrangements could accommodate this. Exterior glass bulletin boards that many government entities own would clearly meet this requirement. Additionally, posting on the window next to a main door would also meet this requirement, as long as the public is able walk up and view the notice through the window without needing to access the building. 

Paragraph “c” adds a new requirement that the body also posts “the notice on the primary internet site owned or maintained and regularly updated by the governmental body or other primary internet presence moderated by the governmental body, if applicable.” The term "primary" requires a governmental body to post electronic notice in one location that it designates as its primary internet site or internet presence, not on every internet site or internet presence it maintains. The internet site or internet presence contemplated by paragraph "c" does not include websites or social media profiles created and maintained by other organizations for the benefit of the governmental body. For example, if a website about a city is created and maintained by a chamber of commerce, that website would not be considered an internet site owned or maintained and regularly updated by the governmental body. Conversely, if a city contracts with an outside IT consultant to create and assist in maintaining the city's website, that website would be considered "owned or maintained" by the governmental body through its contractual relationship with the consultant.

New paragraph "c" also anticipates that many governmental bodies may not maintain a website, but instead primarily use a social media platform to interact with the public. This is permissible under the new provision. As long as the governmental body owns or maintains the platform and regularly updates it, the social media platform may be used to comply with paragraph "c."

Paragraph "c" also concludes with the phrase "if applicable." This language recognizes that some smaller governmental bodies may not have any internet presence—whether a website or a social media profile—and clarifies that electronic notice is required only if the governmental body has an internet site or internet presence on which to post it. Nothing in the new language indicates that a governmental body must create a website or other internet presence in order to comply with the amendments to Chapter 21.

Lastly, although paragraph "c" does not require a governmental body to annually designate its primary internet site or internet presence for notice purposes, as paragraph "a" requires for physical notice, it would be a best practice and promote greater transparency for the governmental body to also designate which electronic location, if applicable, it intends to use for electronic notice. Doing so would also reduce the risk of confusion regarding which internet site or internet presence the governmental body considers its "primary" location.

NEW NOTICE REQUIREMENTS FOR AMENDED AGENDAS 21.4(1)(a)(2)

HF2490 adds a new subparagraph to Iowa Code section 21.4 providing clarification on the posting of amended agendas to comply with notice requirements. The new language provides:

"If a tentative agenda has been posted and is amended within the time frame established in subsection 2, paragraph 'a', the governmental body shall mark the agenda 'AMENDED' and identify the amended provisions. Upon amendment, the governmental body shall give notice in accordance with subparagraph (1)."

This language clarifies that an amended agenda must still be posted in the same manner as any other meeting notice, including compliance with the requirements of section 21.4(1)(a)(1) and the twenty-four-hour notice requirement. It also requires that the amended agenda be clearly marked "AMENDED" and identify the provisions that were added, removed, or modified.

The statute does not prescribe a specific method for identifying amended provisions. For example, a governmental body could highlight modified provisions and include a legend explaining the highlighting, place an asterisk next to amended provisions with a corresponding explanation, or include a list describing the amendments made to the agenda. These are merely examples of methods that would likely satisfy the requirements of section 21.4(1)(a)(2). The list is not exhaustive, and a governmental body may use any method that reasonably alerts the public to the amendments made to the agenda.

NEW EXCEPTIONS TO CONFIDENTIALITY OF PERSONNEL INFORMATION 22.7(11) 

Iowa Code section 22.7(11), addressing the confidentiality of certain personnel records, was amended. Subsection 11 designates "[p]ersonal information in confidential personnel records of government bodies relating to identified or identifiable individuals who are officials, officers, or employees of the government bodies" as confidential unless an exception applies. The subsection recognizes that these personnel records are categorically confidential unless an exception exists in the Iowa Code or is recognized by case law. Section 22.7(11)(a) previously included five exceptions to the personnel records rule. The new law adds two additional paragraphs.

New subparagraph (6) provides that the "last date the individual, who resigned from or was discharged by the government body, performed work or actively carried out essential functions of the position, regardless of whether the information is contained in a written document, contract, agreement, or arrangement" is now non-confidential personnel record information.

New subparagraph (7) provides that the "amount of moneys and public benefits provided to the individual for any continuation of pay, severance, or other compensation or benefits in excess of the amounts owed for work performed by the individual prior to the individual’s last day as an employee, contractor, or appointee for the government body, regardless of whether the information is contained in a written document, contract, agreement, or arrangement" is also non-confidential personnel record information.

NEW SECTION AUTHORIZING INJUNCTION RESTRAINING VEXATIOUS REQUESTERS 22.8A

HF2490 also created a new section within Chapter 22. New Iowa Code section 22.8A authorizes the district court to grant an injunction “restraining the right of a person found to be a vexatious requester to examine public records from a specific government body, or may impose reasonable limitations on the manner, frequency, or scope of such requests”, if the petition for an injunction meets the requirements specified in the section.

To obtain an injunction under the new section, a governmental body has the burden to establish several conditions by clear and convincing evidence. Those conditions are as follows: (1) the requests, considered in their totality, would clearly not be in the public interest; (2) the requests constitute a pattern of vexatious conduct; (3) continued requests would substantially and irreparably injure the governmental body's ability to perform its duties or functions; and (4) less restrictive measures under Chapter 22 are inadequate to provide sufficient relief.

Under section 22.8A, the court is instructed to consider the intent of Chapter 22 to encourage the free and open examination of public records and to promote government transparency. The section also allows the court to consider the following factors when determining whether a person's actions rise to the level of "vexatious conduct": (1) the number, frequency, timing, scope, and content of public records requests; (2) the nature of oral and written communications related to the public records requests; (3) any prior administrative or judicial findings regarding the conduct of the requestor; and (4) all other relevant circumstances.

The section specifies that “vexatious conduct” does not include solely a large volume of requests made by a person or a representative of the news media. “News media” is defined as “any person who regularly gathers, prepares, photographs, records, writes, edits, reports, or publishes news for monetary consideration” in section 22.8A, subsection "4", paragraph "a". The section further defines the term “vexatious conduct” as a “pattern of public records requests” that meets at least one of the following scenarios: (1) the “requests are designed primarily to harass the government body…”; (2) there is “clear and convincing evidence that the requests impose an unreasonable burden on the government body and compliance would substantially interfere with essential governmental options”; or (3) the requests “are submitted in a manner or accompanied by communication that constitutes harassment of public officer or employees as provided in section 718.4.”

Lastly, section 22.8A(5) requires the governmental body to pay all court costs and reasonable attorney fees if it is unsuccessful in meeting its burden under section 22.8A.

In summary, while the new section creates a potential avenue of relief for governmental bodies facing public records requests that strain their resources, it also intentionally establishes a high bar for obtaining that relief and places the financial burden on the governmental body if it is unable to make the showing required by the new section. These provisions seek to balance the public's right of access to public records with the need for governmental bodies to carry out their essential governmental functions.

BY DIRECTION AND VOTE OF THE BOARD: 

Joan Corbin 

E.J. Giovannetti 

Barry Lindahl

Luke Martz

Althea Cole

Catherine Lucas

Monica McHugh 

SUBMITTED BY:                                                                                                                                    

Charlotte Miller                                                          
Executive Director
Iowa Public Information Board                               

Charissa Flege
Deputy Director
Iowa Public Information Board

ISSUED ON: 

July 16, 2026

Pursuant to Iowa Administrative Rule 497-1.3(3), a person who has received a board opinion may, within 30 days after the issuance of the opinion, request modification or reconsideration of the opinion. A request for modification or reconsideration shall be deemed denied unless the board acts upon the request within 60 days of receipt of the request. The IPIB may take up modification or reconsideration of an advisory opinion on its own motion within 30 days after the issuance of an opinion. 

Pursuant to Iowa Administrative Rule 497-1.3(5), a person who has received a board opinion or advice may petition for a declaratory order pursuant to Iowa Code section 17A.9. The IPIB may refuse to issue a declaratory order to a person who has previously received a board opinion on the same question, unless the requestor demonstrates a significant change in circumstances from those in the board opinion.