Bill Text: IA SF430 | 2011-2012 | 84th General Assembly | Enrolled

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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-Enrolled.html

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Senate File 430
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 21.6, subsection 3, paragraph a,
subparagraph (3), Code Supplement 2011, is amended to read as
follows:
(3) Reasonably relied upon a decision of a court, a formal
opinion of the Iowa public information board, the attorney
general, or the attorney for the governmental body, given in
writing, or as memorialized in the minutes of the meeting at
which a formal oral opinion was given, or an advisory opinion
of the Iowa public information board, the attorney general , or
the attorney for the governmental body, given in writing.
Sec. 2. Section 22.7, Code Supplement 2011, is amended by
adding the following new subsection:
NEW SUBSECTION . 65. Tentative, preliminary, draft,
speculative, or research material, prior to its completion for
the purpose for which it is intended and in a form prior to the
form in which it is submitted for use or used in the actual
formulation, recommendation, adoption, or execution of any
official policy or action by a public official authorized to
make such decisions for the governmental body or the government
body. This subsection shall not apply to public records that
are actually submitted for use or are used in the formulation,
recommendation, adoption, or execution of any official policy
or action of a governmental body or a government body by a
public official authorized to adopt or execute official policy
for the governmental body or the government body.

Senate File 430, p. 2
Sec. 3. Section 22.10, subsection 3, paragraph b,
subparagraph (3), Code Supplement 2011, is amended to read as
follows:
(3) Reasonably relied upon a decision of a court, a formal
opinion of the Iowa public information board, the attorney
general, or the attorney for the government body, given in
writing, or as memorialized in the minutes of the meeting at
which a formal oral opinion was given, or an advisory opinion
of the Iowa public information board, the attorney general , or
the attorney for the government body, given in writing.
Sec. 4. NEW SECTION . 23.1 Citation and purpose.
This chapter may be cited as the “Iowa Public Information
Board Act” . The purpose of this chapter is to provide
an alternative means by which to secure compliance with
and enforcement of the requirements of chapters 21 and 22
through the provision by the Iowa public information board
to all interested parties of an efficient, informal, and
cost-effective process for resolving disputes.
Sec. 5. NEW SECTION . 23.2 Definitions.
1. “Board” means the Iowa public information board created
in section 23.3.
2. “Complainant” means a person who files a complaint with
the board.
3. “Complaint” means a written and signed document filed
with the board alleging a violation of chapter 21 or 22.
4. “Custodian” means a government body, government official,
or government employee designated as the lawful custodian of a
government record pursuant to section 22.1.
5. “Government body” means the same as defined in section
22.1.
6. “Governmental body” means the same as defined in section
21.2.
7. “Person” means an individual, partnership, association,
corporation, legal representative, trustee, receiver,
custodian, government body, or official, employee, agency, or
political subdivision of this state.
8. “Respondent” means any agency or other unit of state or
local government, custodian, government official, or government
employee who is the subject of a complaint.
Sec. 6. NEW SECTION . 23.3 Board appointed —— executive
director.
1. An Iowa public information board is created consisting of
nine members appointed by the governor, subject to confirmation

Senate File 430, p. 3
by the senate. No more than three members appointed shall be
representatives from the media including newspapers and no
more than three members appointed shall be representatives
of cities, counties, and other political subdivisions of the
state.
2. Appointments to the board shall be subject to sections
69.16 and 69.16A.
3. Members appointed to the board shall serve staggered
four-year terms beginning and ending as provided in section
69.19.
4. A quorum of the board shall consist of five members.
5. A vacancy on the board shall be filled by the governor,
as provided in subsection 1.
6. The board shall select one of its members to serve as
chairperson and shall employ a person who shall be an attorney
admitted to practice law before the courts of this state to
serve as the executive director of the board.
7. The board shall meet at least quarterly and at the call
of the chairperson.
8. The board shall be an independent agency.
Sec. 7. NEW SECTION . 23.4 Compensation and expenses.
Board members appointed by the governor shall be paid a per
diem as specified in section 7E.6 and shall be reimbursed for
actual and necessary expenses incurred while on official board
business. Such per diem and expenses shall be paid from funds
appropriated to the board.
Sec. 8. NEW SECTION . 23.5 Election of remedies.
1. An aggrieved person, any taxpayer to or citizen of
this state, the attorney general, or any county attorney may
seek enforcement of the requirements of chapters 21 and 22 by
electing either to file an action pursuant to section 17A.19,
21.6, or 22.10, whichever is applicable, or in the alternative,
to file a timely complaint with the board.
2. If more than one person seeks enforcement of chapter 21
or 22 with respect to the same incident involving an alleged
violation, and one or more of such persons elects to do so by
filing an action under section 17A.19, 21.6, or 22.10, and one
or more of such persons elects to do so by filing a timely
complaint with the board, the court in which the action was
filed shall stay the action pending resolution of the complaint
with the board, authorizing the complainant to file a complaint
with respect to the same incident with the board without regard
to the timeliness of the filing of the complaint at the time

Senate File 430, p. 4
the action in court is stayed.
3. If a person files an action pursuant to section 22.8
seeking to enjoin the inspection of a public record, the
respondent or person requesting access to the record which
is the subject of the request for injunction may remove the
proceeding to the board for its determination by filing, within
thirty days of the commencement of the judicial proceeding, a
complaint with the board alleging a violation of chapter 22 in
regard to the same matter.
Sec. 9. NEW SECTION . 23.6 Board powers and duties.
The board shall have all of the following powers and duties:
1. Employ one employee as executive director who is an
attorney admitted to practice law in the courts of this
state to execute its authority and prosecute respondents in
proceedings before the board and to represent the board in
proceedings before a court.
2. Adopt rules pursuant to chapter 17A calculated to
implement, enforce, and interpret the requirements of chapters
21 and 22 and to implement any authority delegated to the board
by this chapter.
3. Issue, consistent with the requirements of section
17A.9, declaratory orders with the force of law determining
the applicability of chapter 21 or 22 to specified fact
situations and issue informal advice to any person concerning
the applicability of chapters 21 and 22.
4. Receive complaints alleging violations of chapter 21
or 22, seek resolution of such complaints through informal
assistance or through mediation and settlement, formally
investigate such complaints, decide after such an investigation
whether there is probable cause to believe a violation of
chapter 21 or 22 has occurred, and if probable cause has been
found prosecute the respondent before the board in a contested
case proceeding conducted according to the provisions of
chapter 17A.
5. Request and receive from a governmental body or a
government body assistance and information as necessary in the
performance of its duties.
6. The board may examine a record of a government body that
is the subject matter of a complaint, including any record
that is confidential by law. Confidential records provided
to the board by a government body shall continue to maintain
their confidential status. Any member or employee of the
board is subject to the same policies and penalties regarding

Senate File 430, p. 5
the confidentiality of the document as an employee of the
government body.
7. Issue subpoenas enforceable in court for the purpose of
investigating complaints and to facilitate the prosecution and
conduct of contested cases before the board.
8. After appropriate board proceedings, issue orders
with the force of law, determining whether there has been
a violation of chapter 21 or 22, requiring compliance with
specified provisions of those chapters, imposing civil
penalties equivalent to and to the same extent as those
provided for in section 21.6 or 22.10, as applicable, on a
respondent who has been found in violation of chapter 21 or
22, and imposing any other appropriate remedies calculated
to declare, terminate, or remediate any violation of those
chapters.
9. Represent itself in judicial proceedings to enforce or
defend its orders and rules through attorneys on its own staff,
through the office of the attorney general, or through other
attorneys retained by the board, at its option.
10. Make training opportunities available to lawful
custodians, governmental bodies, government bodies, and other
persons subject to the requirements of chapters 21 and 22
and require, in its discretion, appropriate persons who have
responsibilities in relation to chapters 21 and 22 to receive
periodic training approved by the board.
11. Disseminate information calculated to inform members
of the public about the public’s right to access government
information in this state including procedures to facilitate
this access and including information relating to the
obligations of governmental bodies under chapter 21 and lawful
custodians under chapter 22 and other laws dealing with this
subject.
12. Prepare and transmit to the governor and to the general
assembly, at least annually, reports describing complaints
received, board proceedings, investigations, hearings
conducted, decisions rendered, and other work performed by the
board.
13. Make recommendations to the governor and the general
assembly proposing legislation relating to public access to
government information deemed desirable by the board in light
of the policy of this state to provide as much public access as
possible to government information as is consistent with the
public interest.

Senate File 430, p. 6
Sec. 10. NEW SECTION . 23.7 Filing of complaints with the
board.
1. The board shall adopt rules pursuant to chapter 17A
providing for the timing, form, content, and means by which any
aggrieved person, any taxpayer to or citizen of this state, the
attorney general, or any county attorney may file a complaint
with the board alleging a violation of chapter 21 or 22. The
complaint must be filed within sixty days from the time the
alleged violation occurred or the complainant could have
become aware of the violation with reasonable diligence. All
complaints filed with the board shall be public records.
2. All board proceedings in response to the filing of a
complaint shall be conducted as expeditiously as possible.
Sec. 11. NEW SECTION . 23.8 Initial processing of complaint.
Upon receipt of a complaint alleging a violation of chapter
21 or 22, the board shall do either of the following:
1. Determine that, on its face, the complaint is within
the board’s jurisdiction, appears legally sufficient, and
could have merit. In such a case the board shall accept
the complaint, and shall notify the parties of that fact in
writing.
2. Determine that, on its face, the complaint is outside
its jurisdiction, is legally insufficient, is frivolous,
is without merit, involves harmless error, or relates to a
specific incident that has previously been finally disposed of
on its merits by the board or a court. In such a case the board
shall decline to accept the complaint. If the board refuses
to accept a complaint, the board shall provide the complainant
with a written order explaining its reasons for the action.
Sec. 12. NEW SECTION . 23.9 Informal assistance —— mediation
and settlement.
1. After accepting a complaint, the board shall promptly
work with the parties through its employees to reach an
informal, expeditious resolution of the complaint. If an
informal resolution satisfactory to the parties cannot be
reached, the board or the board’s designee shall offer the
parties an opportunity to resolve the dispute through mediation
and settlement.
2. The mediation and settlement process shall enable the
complainant to attempt to resolve the dispute with the aid of
a neutral mediator employed and selected by the board, in its
discretion, from either its own staff or an outside source.
3. Mediation shall be conducted as an informal,

Senate File 430, p. 7
nonadversarial process and in a manner calculated to help
the parties reach a mutually acceptable and voluntary
settlement agreement. The mediator shall assist the parties in
identifying issues and shall foster joint problem solving and
the exploration of settlement alternatives.
Sec. 13. NEW SECTION . 23.10 Enforcement.
1. If any party declines mediation or settlement or if
mediation or settlement fails to resolve the matter to the
satisfaction of all parties, the board shall initiate a formal
investigation concerning the facts and circumstances set forth
in the complaint. The board shall, after an appropriate
investigation, make a determination as to whether the complaint
is within the board’s jurisdiction and whether there is
probable cause to believe that the facts and circumstances
alleged in the complaint constitute a violation of chapter 21
or 22.
2. If the board finds the complaint is outside the board’s
jurisdiction or there is no probable cause to believe there
has been a violation of chapter 21 or 22, the board shall
issue a written order explaining the reasons for the board’s
conclusions and dismissing the complaint, and shall transmit
a copy to the complainant and to the party against whom the
complaint was filed.
3. a. If the board finds the complaint is within the
board’s jurisdiction and there is probable cause to believe
there has been a violation of chapter 21 or 22, the board
shall issue a written order to that effect and shall commence
a contested case proceeding under chapter 17A against the
respondent. Notwithstanding section 17A.10A, if there
are no material facts in dispute, the board may order that
the contested case procedures relating to the presentation
of evidence shall not apply. An attorney selected by the
executive director of the board shall prosecute the respondent
in the contested case proceeding. At the termination of the
contested case proceeding the board shall, by a majority vote
of its members, render a final decision as to the merits of the
complaint. If the board finds that the complaint has merit,
the board may issue any appropriate order to ensure enforcement
of chapter 21 or 22 including but not limited to an order
requiring specified action or prohibiting specified action and
any appropriate order to remedy any failure of the respondent
to observe any provision of those chapters.
b. If the board determines, by a majority vote of its

Senate File 430, p. 8
members, that the respondent has violated chapter 21 or 22, the
board may also do any or all of the following:
(1) Require the respondent to pay damages as provided for
in section 21.6 or 22.10, whichever is applicable, to the
extent that provision would make such damages payable if the
complainant had sought to enforce a violation in court instead
of through the board.
(2) Void any action taken in violation of chapter 21 if a
court would be authorized to do so in similar circumstances
pursuant to section 21.6.
(3) Require the respondent to take any remedial action
deemed appropriate by the board.
c. The board shall not have the authority to remove a person
from public office for a violation of chapter 21 or 22. The
board may file an action under chapter 21 or 22 to remove a
person from office for violations that would subject a person
to removal under those chapters.
d. A final board order resulting from such proceedings may
be enforced by the board in court and is subject to judicial
review pursuant to section 17A.19.
Sec. 14. NEW SECTION . 23.11 Defenses in a contested case
proceeding.
A respondent may defend against a proceeding before the
board charging a violation of chapter 21 or 22 on the ground
that if such a violation occurred it was only harmless error or
that clear and convincing evidence demonstrated that grounds
existed to justify a court to issue an injunction against
disclosure pursuant to section 22.8.
Sec. 15. NEW SECTION . 23.12 Jurisdiction.
The board shall not have jurisdiction over the judicial
or legislative branches of state government or any entity,
officer, or employee of those branches, or over the governor
or the office of the governor.
Sec. 16. IOWA PUBLIC INFORMATION BOARD —— TRANSITION
PROVISIONS.
1. The initial members of the Iowa public information
board established pursuant to this Act shall be appointed by
September 1, 2012.
2. Notwithstanding any provision of this Act to the
contrary, the executive director of the board shall not be
hired prior to July 1, 2013.
3. Prior to July 1, 2013, the board shall meet as necessary
to organize and prepare a report to be submitted to the

Senate File 430, p. 9
governor and the general assembly. The report shall include
a job description for the executive director of the board,
goals for board operations, procedures for the handling of
confidential information by the executive director and members
of the board, conflict of interest policies for board members,
and performance measures to measure achievement of the board’s
goals.
Sec. 17. EFFECTIVE DATE. Except for the section of this
Act establishing transition provisions for the Iowa public
information board, this Act takes effect July 1, 2013.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 430, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor