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Open Meetings/Public Records for newly elected/appointed officials

Date: 
Wednesday, December 4, 2019
Body: 

WHAT YOU SHOULD KNOW ABOUT OPEN MEETINGS AND PUBLIC RECORDS
Margaret Johnson, Executive Director, Iowa Public Information Board

Congratulations on being elected to a position in city or school government. Now, it is time to
fulfill your duties as a government official.

Iowa Code section 21.10 requires that you be provided with information about open meetings
and public records laws. Failure to follow chapter 21 (open meetings) or chapter 22 (public
records) can result in personal, individual liability for an offending public official.

The Iowa Public Information Board has a helpful training powerpoint available on the IPIB
website at www.ipib.iowa.gov . The IPIB urges all government officials, elected or appointed,
seek appropriate training. Here is an overview of Iowa transparency laws:
Open Meetings

Iowa Code chapter 21 outlines the requirements of open meetings. The purpose of the Chapter
is clearly stated in the first section: “ Intent — declaration of policy. This chapter seeks to
assure, through a requirement of open meetings of governmental bodies, that the basis and
rationale of governmental decisions, as well as those decisions themselves, are easily
accessible to the people. Ambiguity in the construction or application of this chapter should be
resolved in favor of openness.”

An open meeting is not an option. It is required by Iowa law. Governmental bodies are
mandated to provide at least 24 hour notice of meetings. No matter what the gathering is called
(regular, special, work session, electronic, etc.), if there is deliberation or action upon any matter
within the scope of the body’s policy-making duties by a majority of the members, it is
considered a meeting and must be open.

The public must also have notice of the agenda for the meeting. This agenda shall be worded
in a way that the public is reasonably apprised of the business to be conducted at the meeting.
Voting must be conducted in open session. Closed sessions are strictly limited to the few
exceptions outlined in Chapter 21 and must follow the rules outlined by Iowa law.

Minutes shall be kept of all meetings. The minutes must include the date, time and place, the
members present, and the action taken at the meeting. The vote of each member present must
be made public at the meeting and in the minutes. These minutes are public records.
Public Records

Iowa Code chapter 22 addresses public records laws in Iowa. Each government body is
required to delegate the responsibility of responding to public record requests and to “publicly
announce” the lawful custodian of its public records. Government cannot avoid the
requirements of public records law by storing the record ‘off-site’ or by contracting with a third
party to collect and store records.

Government officials also cannot avoid the public records laws by conducting government
business on a privately owned cell phone, laptop, computer, or other electronic device. The
government body is responsible for retrieving public records that are stored ‘off-site’ or by a third
party.

Fees can be charged by a government body to retrieve, review, and release a government
record. Such fees must be based upon the actual cost incurred by the government body. It is
not required that a government body charge fees for public records. It is recommended by the
Iowa Public Information Board that a government body develop a policy concerning fees and
review it frequently for compliance with Iowa law.

Under Iowa law, some records may be confidential. The government body is not required under
Chapter 22 to withhold a record that could be confidential. However, if a record is withheld, the
government body will be responsible for showing why the record is confidential.
Public records should be released promptly. If a delay is anticipated, it is recommended that the
lawful custodian explain the reason for the delay.

Government settlements are public records. Iowa law sets forth the procedure a government
body must follow to provide public access to a settlement agreement and the summary required
by Iowa law.

All elected and appointed members of a governmental body are required to be trained about
open meetings and public records laws. Failure to follow public records laws can result in court
sanctions or review by the Iowa Public Information Board.

Specific information about Iowa transparency laws and training guidance is available at the Iowa
Public Information Board website: www.ipib.iowa.gov or by calling the IPIB at 515-725-1783

Printed from the website on September 24, 2020 at 2:14am.