Iowa Open Records Law
From Sunshine Review
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The Iowa Open Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Iowa. The law was first enacted in 1967.
The Iowa Open Meetings Law legislates the methods by which public meetings are conducted.
[edit] Recent news
[edit] Transparency blocking
- Iowa gov starts using state e-mail after scrutiny
- Culver's staff sits on cuts list
- Glenwood records access tab is $2,280, state says
More transparency blocking news from across the country.
[edit] Litigation
- Confusion over whether marriage license applications are a public record
- UI sues over public-records law
- District judge denies injunction in county administrator hiring
More FOIA litigation news from across the country.
[edit] Legislation
- Pared-down open records bill passes House
- Changes to 'sunshine' law debated
- State Republicans call for Iowa tax Web site
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
[edit] Iowa's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Iowa #26 in the nation with an overall percentage of 51.80%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Iowa 53 points out of a possible 100, a letter grade of "F", and a ranking of 20 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Iowa's law as the 23rd best in the country, giving it a letter grade of "C-".[3]
[edit] Features of the law
"Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record."[4]
[edit] What records are covered?
The Iowa law includes all records of government agencies except where the documents have been deemed confidential. Exemptions include:
- Personal information on accepted students, current students, and past students
- Medical records
- Trade Secrets
- Records of attorneys who represent the state
- Reports that result in unfair competition
- Appraisal information for public land purchases
- Criminal files
- Military confidential records
- Personal information in records of employees and elected officials of public agencies
- Library records
- Information on the donors of charitable contributions
- Corrections department information that would jeopardize security.
- Communications made to the government but not required by statute
- Examinations
- Archaeological and historical ecologically sensitive material locations and information
- Marketing and advertising budgets and strategies for non-profits
- Information maintained by mediators employed to solve the disputes with government agencies
[edit] What agencies are covered?
Government agencies are defined by the Iowa ORL as all divisions of government including state and local divisions as well as any group who receives funding from tax money. This excludes county or district fairs or agricultural societies[5]
[edit] Who may request records?
Anyone may request public records in Iowa. "Every person shall have the right to examine and copy public records". [6]
[edit] Must a purpose be stated?
The Iowa law does not require a statement of purpose for records requests.
[edit] How can records be used?
No restrictions on the use of Public records is present in the law.
[edit] Time allowed for response
- See also: Request response times by state.
Iowa allows for 10-20 days for record request responses to be completed.
[edit] Fees for records
Fees can be ascribed strictly based on duplication and are at the discretion of the department.[7]
[edit] Open meetings
"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."[8]
[edit] Proposed changes
- House File 74 [9] An Act relating to the establishment of a searchable budget database website for the public to access the details of the expenditure of state tax revenues and a searchable tax rate database for the public to access the details of each tax rate for all taxing districts in the state.
- Senate Study Bill 1231 [10] "Members of the Senate State Government Committee voted 10-5 Wednesday to approve a measure containing provisions enhancing Iowa’s “sunshine” laws pertaining to public disclosure of out-of-court settlements and charitable donations to public foundations." [11]
- Senate File 161 [12] would create an Iowa public information board which would hear citizen complaints regarding government compliance with the open records law, and be empowered to enforce compliance. [13]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Iowa. For more information go the page or go to Iowa sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
[edit] Notable requests
[edit] See also
[edit] External links
- Iowa Code Chapter 21, Official Meetings Open to Public
- Iowa Code Chapter 22, Examination of Public Records
- Open Government Guide to Iowa
- Past articles on Iowa
[edit] References
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