Bill Text: IA SF430 | 2011-2012 | 84th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to violations of the open records and public meetings laws and the creation of the Iowa public information board, and including effective date provisions. (Formerly SF 246.) Various effective dates; see section 17 of bill.
Sponsorship: Committee Bill
Status: (Passed) 2012-05-03 - Signed by Governor. S.J. 901. [SF430 Detail]
Download: Iowa-2011-SF430-Introduced.html
Bill Title: A bill for an act relating to violations of the open records and public meetings laws and the creation of the Iowa public information board, and including effective date provisions. (Formerly SF 246.) Various effective dates; see section 17 of bill.
Sponsorship: Committee Bill
Status: (Passed) 2012-05-03 - Signed by Governor. S.J. 901. [SF430 Detail]
Download: Iowa-2011-SF430-Introduced.html
Senate
File
430
-
Introduced
SENATE
FILE
430
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
246)
A
BILL
FOR
An
Act
relating
to
violations
of
the
open
records
and
1
public
meetings
laws
and
the
creation
of
the
Iowa
public
2
information
board,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
21.6,
subsection
3,
paragraph
a,
Code
1
2011,
is
amended
to
read
as
follows:
2
a.
Shall
assess
each
member
of
the
governmental
body
who
3
participated
in
its
violation
damages
in
the
amount
of
not
more
4
than
five
hundred
dollars
nor
and
not
less
than
one
hundred
5
dollars.
However,
if
a
member
of
a
governmental
body
knowingly
6
participated
in
such
a
violation,
damages
shall
be
in
the
7
amount
of
not
more
than
two
thousand
five
hundred
dollars
8
and
not
less
than
one
thousand
dollars.
These
damages
shall
9
be
paid
by
the
court
imposing
it
to
the
state
of
Iowa,
if
10
the
body
in
question
is
a
state
governmental
body,
or
to
the
11
local
government
involved
if
the
body
in
question
is
a
local
12
governmental
body.
A
member
of
a
governmental
body
found
to
13
have
violated
this
chapter
shall
not
be
assessed
such
damages
14
if
that
member
proves
that
the
member
did
any
of
the
following:
15
(1)
Voted
against
the
closed
session.
16
(2)
Had
good
reason
to
believe
and
in
good
faith
believed
17
facts
which,
if
true,
would
have
indicated
compliance
with
all
18
the
requirements
of
this
chapter
.
19
(3)
Reasonably
relied
upon
a
decision
of
a
court
,
or
a
20
formal
opinion
of
the
Iowa
public
information
board,
the
21
attorney
general
,
or
the
attorney
for
the
governmental
body
,
22
given
in
writing,
or
as
memorialized
in
the
minutes
of
the
23
meeting
at
which
a
formal
oral
opinion
was
given,
or
an
24
advisory
opinion
of
the
Iowa
public
information
board,
the
25
attorney
general,
or
the
attorney
for
the
governmental
body,
26
given
in
writing
.
27
Sec.
2.
Section
22.10,
subsection
3,
paragraph
b,
Code
2011,
28
is
amended
to
read
as
follows:
29
b.
Shall
assess
the
persons
who
participated
in
its
30
violation
damages
in
the
amount
of
not
more
than
five
hundred
31
dollars
nor
and
not
less
than
one
hundred
dollars.
However,
if
32
a
member
of
a
government
body
knowingly
participated
in
such
a
33
violation,
damages
shall
be
in
the
amount
of
not
more
than
two
34
thousand
five
hundred
dollars
and
not
less
than
one
thousand
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dollars.
These
damages
shall
be
paid
by
the
court
imposing
1
them
to
the
state
of
Iowa
if
the
body
in
question
is
a
state
2
government
body,
or
to
the
local
government
involved
if
the
3
body
in
question
is
a
local
government
body.
A
person
found
to
4
have
violated
this
chapter
shall
not
be
assessed
such
damages
5
if
that
person
proves
that
the
person
either
voted
did
any
of
6
the
following:
7
(1)
Voted
against
the
action
violating
this
chapter
,
8
refused
to
participate
in
the
action
violating
this
chapter
,
or
9
engaged
in
reasonable
efforts
under
the
circumstances
to
resist
10
or
prevent
the
action
in
violation
of
this
chapter
;
had
.
11
(2)
Had
good
reason
to
believe
and
in
good
faith
believed
12
facts
which,
if
true,
would
have
indicated
compliance
with
the
13
requirements
of
this
chapter
;
or
reasonably
.
14
(3)
Reasonably
relied
upon
a
decision
of
a
court
or
an
,
15
a
formal
opinion
of
the
Iowa
public
information
board,
the
16
attorney
general
,
or
the
attorney
for
the
government
body
,
17
given
in
writing,
or
as
memorialized
in
the
minutes
of
the
18
meeting
at
which
a
formal
oral
opinion
was
given,
or
an
19
advisory
opinion
of
the
Iowa
public
information
board,
the
20
attorney
general,
or
the
attorney
for
the
government
body,
21
given
in
writing
.
22
Sec.
3.
NEW
SECTION
.
23.1
Citation
and
purpose.
23
This
chapter
may
be
cited
as
the
“Iowa
Public
Information
24
Board
Act”
.
The
purpose
of
this
chapter
is
to
provide
25
an
alternative
means
by
which
to
secure
compliance
with
26
and
enforcement
of
the
requirements
of
chapters
21
and
22
27
through
the
provision
by
the
Iowa
public
information
board
28
to
all
interested
parties
of
an
efficient,
informal,
and
29
cost-effective
process
for
resolving
disputes.
30
Sec.
4.
NEW
SECTION
.
23.2
Definitions.
31
1.
“Board”
means
the
Iowa
public
information
board
created
32
in
section
23.3.
33
2.
“Complainant”
means
a
person
who
files
a
complaint
with
34
the
board.
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3.
“Complaint”
means
a
written
and
signed
document
filed
1
with
the
board
alleging
a
violation
of
chapter
21
or
22.
2
4.
“Custodian”
means
a
government
body,
government
official,
3
or
government
employee
designated
as
the
lawful
custodian
of
a
4
government
record
pursuant
to
section
22.1.
5
5.
“Government
body”
means
the
same
as
defined
in
section
6
22.1.
7
6.
“Governmental
body”
means
the
same
as
defined
in
section
8
21.2.
9
7.
“Person”
means
an
individual,
partnership,
association,
10
corporation,
legal
representative,
trustee,
receiver,
11
custodian,
government
body,
governmental
body,
or
official,
12
employee,
agency,
or
political
subdivision
of
this
state.
13
8.
“Respondent”
means
any
agency
or
other
unit
of
state
or
14
local
government,
custodian,
government
official,
or
government
15
employee
who
is
the
subject
of
a
complaint.
16
Sec.
5.
NEW
SECTION
.
23.3
Board
appointed.
17
1.
An
Iowa
public
information
board
is
created
as
an
18
independent
agency
consisting
of
the
following
seven
members
19
appointed
by
the
governor.
20
a.
One
member
nominated
by
the
Iowa
broadcasters
21
association.
22
b.
One
member
nominated
by
the
Iowa
freedom
of
information
23
council.
24
c.
One
member
nominated
by
the
Iowa
newspaper
association.
25
d.
One
member
nominated
by
the
Iowa
league
of
cities.
26
e.
One
member
nominated
by
the
Iowa
state
association
of
27
counties.
28
f.
One
member
nominated
by
the
Iowa
association
of
school
29
boards.
30
g.
The
attorney
general
or
the
attorney
general’s
designee.
31
2.
Members
appointed
to
the
board
shall
serve
staggered
32
terms.
33
3.
A
quorum
of
the
board
shall
consist
of
four
members.
34
4.
A
vacancy
on
the
board
shall
be
filled
by
the
governor.
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5.
The
board
shall
select
one
of
its
members
to
serve
as
1
chairperson
and
shall
employ
a
person
who
shall
be
an
attorney
2
admitted
to
practice
law
before
the
courts
of
this
state
to
3
serve
as
the
executive
director
of
the
board.
4
Sec.
6.
NEW
SECTION
.
23.4
Compensation
and
expenses.
5
Board
members
shall
be
paid
a
per
diem
as
specified
in
6
section
7E.6
and
shall
be
reimbursed
for
actual
and
necessary
7
expenses
incurred
while
on
official
board
business.
Per
diem
8
and
expenses
shall
be
paid
from
funds
appropriated
to
the
9
board.
10
Sec.
7.
NEW
SECTION
.
23.5
Remedies.
11
1.
An
aggrieved
person
or
any
taxpayer
or
citizen
of
this
12
state
may
seek
the
assistance
of
the
board
in
exercising
rights
13
under
chapters
21
and
22,
other
than
an
action
commenced
14
pursuant
to
section
21.6
or
22.10,
and
request
a
formal
opinion
15
of
the
board
interpreting
the
requirements
of
chapters
21
and
16
22
by
filing
a
complaint
with
the
board.
17
2.
If
a
person
files
an
action
pursuant
to
section
22.8
18
seeking
to
enjoin
the
inspection
of
a
public
record,
the
19
respondent
or
person
requesting
access
to
the
record
which
20
is
the
subject
of
the
request
for
injunction
may
stay
the
21
proceeding
for
sixty
days
in
order
to
obtain
a
formal
opinion
22
of
the
board
concerning
the
merits
of
the
action.
In
any
such
23
case,
the
court
shall
consider
and
address
the
formal
opinion
24
of
the
board
in
rendering
its
decision.
25
Sec.
8.
NEW
SECTION
.
23.6
Board
powers
and
duties.
26
The
board
shall
have
all
of
the
following
powers
and
duties:
27
1.
Employ
an
executive
director
and
an
assistant
to
the
28
executive
director.
29
2.
Adopt
rules
pursuant
to
chapter
17A
to
administer
any
30
power
or
duty
of
the
board
under
this
chapter.
31
3.
Issue
formal
opinions
interpreting
the
requirements
of
32
chapter
21
or
22
and
applying
the
requirements
to
specified
33
fact
situations,
and
issue
informal
advice
to
any
person
34
concerning
the
requirements
and
applicability
of
chapters
21
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and
22.
Formal
opinions
shall
be
accorded
recognition
by
the
1
courts
of
this
state
as
persuasive
authority.
2
4.
Receive
complaints
alleging
violations
of
chapter
21
3
or
22,
seek
resolution
of
such
complaints
through
informal
4
assistance
or
through
mediation
and
settlement,
formally
5
investigate
such
complaints,
find
after
formal
investigation
6
whether
there
is
probable
cause
to
believe
a
violation
of
7
chapter
21
or
22
has
occurred,
and
if
probable
cause
has
8
been
found,
issue
a
formal
opinion
stating
the
basis
for
9
the
finding.
An
opinion
of
the
board
issued
pursuant
to
an
10
investigation
shall
be
admitted
into
evidence
in
any
court
11
proceeding
dealing
with
the
same
matter.
12
5.
Request
and
receive
from
a
government
body
or
a
13
governmental
body
assistance
and
information
as
necessary
14
in
the
performance
of
its
duties.
The
board
may
examine
a
15
record
of
a
government
body
or
a
governmental
body
that
is
16
the
subject
matter
of
a
complaint,
including
any
record
that
17
is
confidential
by
law.
Confidential
records
provided
to
18
the
board
by
a
government
body
or
a
governmental
body
shall
19
continue
to
maintain
their
confidential
status.
Any
member
20
or
employee
of
the
board
is
subject
to
the
same
policies
and
21
penalties
regarding
the
confidentiality
of
the
document
as
an
22
employee
of
the
government
body
or
the
governmental
body.
23
6.
Issue
subpoenas
enforceable
in
court
for
the
purpose
of
24
investigating
complaints
before
the
board.
25
7.
Represent
itself
in
judicial
proceedings
to
enforce
or
26
defend
its
formal
opinions
through
its
executive
director.
27
8.
Disseminate
information
calculated
to
inform
members
28
of
the
public
about
the
public’s
right
to
access
government
29
information
in
this
state
including
procedures
to
facilitate
30
this
access
and
including
information
relating
to
the
31
obligations
of
governmental
bodies
under
chapter
21
and
lawful
32
custodians
under
chapter
22
and
other
laws
dealing
with
this
33
subject.
34
9.
Make
training
opportunities
available
to
lawful
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custodians,
government
bodies,
governmental
bodies,
and
other
1
persons
subject
to
the
requirements
of
chapters
21
and
22
2
and
require
all
new
employees
who
have
responsibilities
in
3
relation
to
chapters
21
and
22
to
receive
training
upon
initial
4
employment.
The
board
shall
require
all
employees
to
receive
5
annual
training
thereafter
subject
to
criteria
established
by
6
the
board.
7
10.
Prepare
and
transmit
to
the
governor
and
to
the
general
8
assembly,
at
least
annually,
reports
describing
complaints
9
received,
board
proceedings,
investigations,
opinions
rendered,
10
and
other
work
performed
by
the
board.
11
11.
Make
recommendations
to
the
general
assembly
proposing
12
legislation
relating
to
public
access
to
government
information
13
deemed
desirable
by
the
board
in
light
of
the
policy
of
14
this
state
to
provide
as
much
public
access
as
possible
15
to
government
information
as
is
consistent
with
the
public
16
interest.
17
Sec.
9.
NEW
SECTION
.
23.7
Filing
of
complaints
with
the
18
board.
19
1.
All
complaints
filed
with
the
board
shall
be
public
20
records.
21
2.
All
board
proceedings
in
response
to
the
filing
of
a
22
complaint
shall
be
conducted
as
expeditiously
as
possible.
23
3.
The
board
shall
charge
a
complaint
filing
fee
not
to
24
exceed
fifty
dollars.
This
fee
may
be
waived
by
the
executive
25
director
when
imposition
of
the
fee
would
constitute
an
26
economic
hardship
for
the
complainant.
The
filing
fee
shall
be
27
returned
at
the
direction
of
the
board
when
the
complaint
has
28
been
established
as
meritorious.
29
Sec.
10.
NEW
SECTION
.
23.8
Initial
processing
of
complaint.
30
Upon
receipt
of
a
complaint
alleging
a
violation
of
chapter
31
21
or
22,
the
board
shall
do
either
of
the
following:
32
1.
Determine
that,
on
its
face,
the
complaint
is
within
33
the
board’s
jurisdiction,
appears
legally
sufficient,
and
34
could
have
merit.
In
such
a
case,
the
board
shall
accept
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430
the
complaint,
and
shall
notify
the
parties
of
that
fact
in
1
writing.
2
2.
Determine
that,
on
its
face,
the
complaint
is
not
within
3
its
jurisdiction,
is
legally
insufficient,
is
frivolous,
4
is
without
merit,
involves
harmless
error,
or
relates
to
a
5
specific
incident
that
has
previously
been
finally
disposed
of
6
on
its
merits
by
the
board
or
a
court.
In
such
a
case,
the
7
board
shall
decline
to
accept
the
complaint.
If
the
board
8
declines
to
accept
a
complaint,
the
board
shall
provide
the
9
complainant
with
a
written
statement
explaining
its
reasons
for
10
the
action.
11
Sec.
11.
NEW
SECTION
.
23.9
Informal
assistance
——
mediation
12
and
settlement.
13
1.
After
accepting
a
complaint,
the
board
shall
promptly
14
work
with
the
parties
through
its
employees
to
reach
an
15
informal,
expeditious
resolution
of
the
complaint.
If
an
16
informal
resolution
satisfactory
to
the
parties
cannot
be
17
reached,
the
board
or
the
board’s
designee
shall
offer
the
18
parties
an
opportunity
to
resolve
the
dispute
through
mediation
19
and
settlement.
20
2.
The
mediation
and
settlement
process
shall
enable
the
21
complainant
to
attempt
to
resolve
the
dispute
with
the
aid
of
22
a
neutral
mediator
employed
and
selected
by
the
board,
in
its
23
discretion,
from
either
its
own
staff
or
an
outside
source.
24
3.
Mediation
shall
be
conducted
as
an
informal,
25
nonadversarial
process
and
in
a
manner
calculated
to
help
26
the
parties
reach
a
mutually
acceptable
and
voluntary
27
settlement
agreement.
The
mediator
shall
assist
the
parties
in
28
identifying
issues
and
shall
foster
joint
problem
solving
and
29
the
exploration
of
settlement
alternatives.
30
Sec.
12.
NEW
SECTION
.
23.10
Enforcement.
31
1.
If
any
party
declines
mediation
or
settlement
or
if
32
mediation
or
settlement
fails
to
resolve
the
matter
to
the
33
satisfaction
of
all
parties,
the
board
shall
initiate
an
34
investigation
concerning
the
facts
and
circumstances
set
forth
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in
the
complaint.
The
board
shall,
after
an
appropriate
1
investigation,
make
a
determination
as
to
whether
the
complaint
2
is
within
the
board’s
jurisdiction
and
whether
there
is
3
probable
cause
to
believe
that
the
facts
and
circumstances
4
alleged
in
the
complaint
constitute
a
violation
of
chapter
21
5
or
22.
6
2.
If
the
board
finds
the
complaint
is
not
within
the
7
board’s
jurisdiction
or
there
is
no
probable
cause
to
believe
8
there
has
been
a
violation
of
chapter
21
or
22,
the
board
shall
9
issue
a
written
order
explaining
the
reasons
for
the
board’s
10
findings
and
dismissing
the
complaint,
and
shall
transmit
a
11
copy
to
the
complainant
and
to
the
party
against
whom
the
12
complaint
was
filed.
13
3.
If
the
board
finds
the
complaint
is
within
the
board’s
14
jurisdiction
and
there
is
probable
cause
to
believe
there
has
15
been
a
violation
of
chapter
21
or
22,
the
board
shall
issue
16
a
written
opinion
to
that
effect
and
refer
the
matter
with
17
recommendation
to
the
attorney
general.
18
Sec.
13.
NEW
SECTION
.
23.11
Jurisdiction.
19
The
board
shall
not
have
jurisdiction
over
the
judicial
20
or
legislative
branches
of
state
government
or
any
entity,
21
officer,
or
employee
of
those
branches.
22
Sec.
14.
IOWA
PUBLIC
INFORMATION
BOARD
——
TRANSITION
23
PROVISIONS.
24
1.
The
initial
members
of
the
Iowa
public
information
board
25
created
pursuant
to
this
Act
shall
be
appointed
by
August
1,
26
2011.
27
2.
Notwithstanding
any
provision
of
this
Act
to
the
28
contrary,
the
executive
director
of
the
board
and
the
assistant
29
to
the
executive
director
of
the
board
shall
not
be
hired
prior
30
to
July
1,
2012.
31
3.
Prior
to
January
1,
2012,
the
board
shall
submit
a
report
32
to
the
governor
and
the
general
assembly.
The
report
shall
33
include
a
job
description
for
the
executive
director
of
the
34
board,
goals
for
board
operations,
and
performance
measures
to
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measure
achievement
of
the
board’s
goals.
1
Sec.
15.
EFFECTIVE
DATE.
Except
for
the
sections
of
this
2
Act
establishing
transition
provisions
for
the
Iowa
public
3
information
board,
this
Act
takes
effect
July
1,
2012.
4
EXPLANATION
5
This
bill
relates
to
violations
of
Iowa’s
open
records
6
(Code
chapter
22)
and
public
meetings
(Code
chapter
21)
laws
7
including
the
creation
of
the
Iowa
public
information
board,
8
and
includes
effective
date
provisions.
9
The
bill
increases
civil
penalty
damage
amounts
for
10
violations
of
the
open
records
and
public
meetings
laws
for
11
each
member
of
the
government
body
or
governmental
body
or
each
12
person
who
knowingly
participated
in
the
violation
from
not
13
less
than
$100
and
not
more
than
$500
to
not
less
than
$1,000
14
and
not
more
than
$2,500
subject
to
the
existing
defenses
15
contained
in
Code
sections
21.6
and
22.10.
The
bill
retains
16
the
current
civil
penalty
damage
amounts
for
such
violations
17
for
each
member
of
the
governmental
body
or
each
person
who
18
otherwise
participated
in
the
violation
($100
to
$500).
These
19
changes
also
allow
public
bodies
to
rely
on
advice
received
20
from
the
Iowa
public
information
board
without
penalty
should
21
they
be
subsequently
found
by
a
court
to
be
in
violation
of
22
Code
chapter
21
or
22.
23
The
bill
creates
the
Iowa
public
information
board
as
an
24
independent
agency
to
provide
an
alternative
means
by
which
to
25
secure
compliance
with
and
enforcement
of
the
requirements
of
26
Code
chapters
21
and
22.
27
The
board
shall
consist
of
seven
members
appointed
by
the
28
governor
to
be
comprised
of
members
from
the
Iowa
broadcasters
29
association,
the
Iowa
freedom
of
information
council,
the
Iowa
30
newspaper
association,
the
Iowa
league
of
cities,
the
Iowa
31
state
association
of
counties,
the
Iowa
association
of
school
32
boards,
and
the
attorney
general
or
the
attorney
general’s
33
designee.
The
board
shall
select
one
of
its
members
to
serve
34
as
chairperson
and
shall
hire
a
director
who
shall
serve
as
the
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executive
officer
of
the
board.
Board
members
shall
be
paid
1
a
per
diem
and
shall
be
reimbursed
for
actual
and
necessary
2
expenses
incurred
while
on
official
board
business.
All
per
3
diem
and
expense
moneys
paid
to
board
members
shall
be
paid
4
from
funds
appropriated
to
the
board.
The
board
shall
not
5
have
jurisdiction
over
the
judicial
or
legislative
branches
of
6
state
government
or
any
entity,
officer,
or
employee
of
those
7
branches,
but
the
bill
does
not
alter
the
current
applicability
8
of
Code
chapters
21
and
22
and
the
enforcement
mechanisms
9
provided
in
both
Code
chapters
for
violations
of
those
Code
10
chapters.
11
The
bill
provides
that
any
aggrieved
person
or
any
taxpayer
12
to
or
citizen
of
the
state
of
Iowa
may
seek
to
exercise
their
13
rights
under
Code
chapters
21
and
22
by
filing
a
timely
14
complaint
with
the
board.
If
a
person
files
an
action
seeking
15
to
enjoin
the
inspection
of
a
public
record,
the
respondent
or
16
person
requesting
access
to
the
record
which
is
the
subject
of
17
the
request
for
injunction
may
stay
the
proceeding
to
bring
the
18
matter
before
the
board
for
its
formal
opinion.
19
The
bill
provides
that
the
board
shall
have
the
authority
20
to
execute
its
authority,
adopt
rules,
interpret
the
21
requirements
of
Code
chapters
21
and
22,
implement
any
22
authority
delegated
to
the
board,
and
issue
formal
opinions
23
to
be
accorded
recognition
by
the
courts
of
this
state
as
24
persuasive
authority.
Such
formal
opinions
issued
pursuant
to
25
an
investigation
by
the
board
shall
be
admitted
into
evidence
26
in
any
court
proceeding
dealing
with
the
same
matter.
The
27
board
shall
also
have
the
authority
to
issue
informal
advice
to
28
anyone
concerning
the
requirements
and
applicability
of
Code
29
chapters
21
and
22,
receive
complaints
alleging
violations
30
of
Code
chapter
21
or
22,
seek
resolution
of
such
complaints
31
through
mediation
and
settlement,
formally
investigate
such
32
complaints,
decide
after
such
an
investigation
whether
there
is
33
probable
cause
to
believe
a
violation
of
Code
chapter
21
or
22
34
has
occurred,
and
if
probable
cause
has
been
found,
the
board
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shall
issue
a
written
opinion
to
that
effect
and
refer
the
1
matter
to
the
attorney
general.
The
board
shall
also
have
the
2
authority
to
issue
subpoenas
enforceable
in
court,
represent
3
itself
in
judicial
proceedings,
make
training
opportunities
4
available,
disseminate
information
to
inform
the
public
about
5
the
public’s
right
to
access
government
information,
prepare
6
and
transmit
reports
to
the
governor
and
the
general
assembly,
7
at
least
annually,
describing
complaints
received,
board
8
investigations,
opinions
rendered,
and
other
work
performed
by
9
the
board,
and
make
recommendations
to
the
general
assembly
10
concerning
legislation
relating
to
public
information
access.
11
All
complaints
filed
with
the
board
shall
be
public
records.
12
A
filing
fee
of
up
to
$50
may
be
charged
complainants,
but
the
13
fee
may
be
waived
and
shall
be
returned
if
the
complaint
is
14
found
to
have
merit.
15
The
bill
provides
that
upon
receipt
of
a
complaint,
the
16
board
shall
either
make
a
determination
that,
on
its
face,
the
17
complaint
is
within
the
board’s
jurisdiction,
appears
legally
18
sufficient,
and
could
have
merit,
in
which
case
the
board
shall
19
accept
the
complaint,
or
make
a
determination
that,
on
its
20
face,
the
complaint
is
not
within
the
board’s
jurisdiction,
is
21
legally
insufficient,
is
frivolous,
is
without
merit,
involves
22
harmless
error,
or
relates
to
a
specific
incident
that
has
23
previously
been
finally
disposed
of
on
its
merits
by
the
board
24
or
a
court,
in
which
case
the
board
shall
decline
to
accept
the
25
complaint.
If
the
board
declines
to
accept
the
complaint,
the
26
board
shall
provide
the
complainant
with
a
written
statement
27
detailing
the
reasons
for
the
denial.
28
After
accepting
a
complaint,
and
upon
the
board’s
29
determination
that
the
matter
is
unlikely
to
be
resolved
with
30
the
prompt
informal
assistance
of
a
board
employee,
the
board
31
shall
offer
the
parties
the
opportunity
to
resolve
the
dispute
32
through
mediation
and
settlement
which
shall
provide
the
33
complainant
the
opportunity
to
resolve
the
dispute
with
the
aid
34
of
a
neutral
mediator
employed
or
selected
by
the
board.
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If
any
party
declines
mediation
or
settlement
or
if
1
mediation
or
settlement
fails
to
resolve
the
matter
to
the
2
satisfaction
of
all
parties,
the
board
shall
initiate
an
3
investigation
concerning
the
facts
and
circumstances
set
forth
4
in
the
complaint.
After
investigation,
the
board
shall
make
5
a
determination
as
to
whether
the
complaint
is
within
the
6
board’s
jurisdiction
and
whether
there
is
probable
cause
to
7
believe
that
the
complaint
states
a
violation
of
Code
chapter
8
21
or
22.
If
the
board
finds
the
complaint
is
not
within
the
9
board’s
jurisdiction
or
there
is
not
probable
cause
to
believe
10
there
has
been
a
violation,
the
board
shall
issue
a
written
11
order
explaining
the
reasons
for
the
board’s
conclusions
and
12
dismissing
the
complaint.
If
the
board
finds
the
complaint
is
13
within
the
board’s
jurisdiction
and
there
is
probable
cause
14
to
believe
there
has
been
a
violation,
the
board
shall
issue
15
a
written
opinion
to
that
effect
and
refer
the
matter
to
the
16
attorney
general
for
enforcement
action.
17
The
bill
provides
that
the
initial
members
of
the
board
18
shall
be
appointed
by
August
1,
2011,
but
the
executive
19
director
and
assistant
to
the
executive
director
shall
not
be
20
hired
prior
to
July
1,
2012.
The
board
shall
submit
prior
to
21
January
1,
2012,
a
report
to
include
a
job
description
for
the
22
executive
director
of
the
board,
goals
for
board
operations,
23
and
performance
measures
for
the
board.
24
Except
as
otherwise
provided,
the
bill
takes
effect
July
1,
25
2012.
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