Open Meetings & Public Records: Iowa's COVID-19 Guidelines
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Sponsored by the Iowa State Bar Association Government Practice Section
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“A popular government, without popular information, or the
means of acquiring it, is but a prologue to a farce or a tragedy;
or, perhaps both.”
- James Madison
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§ 21.3: Meetings of governmental bodies
§ 21.4: Public notice
§ 21.7: Rules of conduct at meetings
§ 21.8: Electronic meetings
Iowa Code section 21.3:
Meetings of governmental bodies shall be preceded be public notice as
provided in section 21.4 and shall be held in open session unless
closed sessions are expressly permitted by law. Except as provided in
section 21.5, all actions and discussions at meetings of governmental
bodies, whether formal or informal, shall be conducted and executed in
open session.
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Iowa Code section 21.4(1)(a-b):
Except as provided in subsection 3, a governmental body shall give notice of the
time, date, and place of each meeting including a reconvened meeting of the
governmental body, and the tentative agenda of the meeting, in a manner
reasonably calculated to apprise the public of that information. Reasonable notice
shall include advising the news media who have filed a request for notice with the
governmental body and posting the notice on a bulletin board or other prominent
place which is easily accessible to the public and clearly designated for that
purpose at the principal office of the body holding the meeting, or if no such office
exists, at the building in which the meeting is to be held.
Each meeting shall be held at a place reasonably accessible to the public and at a
time reasonably convenient to the public, unless for good cause such a place or
time is impossible or impracticable. Special access to the meeting may be granted
to persons with disabilities.
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Iowa Code section 21.7:
The public may use cameras or recording devices at any open
session. Nothing in this chapter shall prevent a governmental body
from making and enforcing reasonable rules for the conduct of its
meetings to assure those meetings are orderly, and free from
interference or interruption by spectators.
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Iowa Code section 21.8(1):
A governmental body may conduct a meeting by electronic means only in
circumstances where such a meeting in person is impossible or impractical
and only if the governmental body complies with all of the following:
(a) The governmental body provides public access to the
conversation of the meeting to the extent reasonably possible.
(b) The governmental body complies with section 21.4 [public
notice]. For the purpose of this paragraph, the place of the meeting
is the place from which the communication originates or where public
access is provided to the conversation.
(c) Minutes are kept of the meeting. The minutes shall include a
statement explaining why a meeting in person was impossible or
impractical.
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September 18, 2020
SECTION ONE HUNDRED THIRTEEN
Pursuant to Iowa Code § 29C.6(6), and at the request of the Iowa League of Cities
on behalf of numerous local governmental bodies, I continue to temporarily suspend
the regulatory provisions of Iowa Code §§ 21.8 [et al.], or any other statute imposing
a requirement to hold a public meeting or hearing, to the extent that the statutes
could be interpreted to prevent a governmental body from holding the meeting by
electronic means, provided that the governmental body properly notices the meeting
or hearing and includes a telephone conference number or website address that
permits the public to participate in the meeting or hearing. I also temporarily suspend
those statutes to the extent they could be interpreted to prevent a governmental body
from limiting the number of people present at an in-person location of the meeting,
provided that the governmental body provides a means for the public to participate by
telephone or electronically as provided in this section.
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§ 21.3: No impact
§ 21.4: No specific changes in requirements
§ 21.7: Expanded rule policies
§ 21.8: Governor’s Proclamations did not change, but provided guidance
on how to hold a “COVID” electronic meeting, especially when gathering
limitations are in place
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Notice & Access
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Henely v. Gilbert Schools, 20FC:0039, 20FC:0070, and 20FC:0073
Technical Difficulties
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Simpson v. City of Essex, 20FC:0059
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Bloes v. City of Wall Lake, 20FC:0042
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Research options that will work best for your community. Do you have the equipment and
infrastructure to hold a meeting with video access? Do you have a speakerphone, recording device,
camera and microphone, or the other devices needed to conduct the meeting?
•
Remember your community/audience needs. Your citizens may not have sophisticated electronic
devices or the internet access you have at your disposal. Even though you are capable of doing a
video chat, they may not be able to access your meeting.
•
How can you notify your community on how to access the meeting? Posting a notice with access
instructions on the bulletin board at the main office does not work if the building is locked. Perhaps
having a ‘test run’ of the system will allow the public (and your officials) to practice how to do an
electronic meeting.
•
Even if your council or board plans to meet in person, having remote access available for those
members of the public who are at high risk for infection is a way to promote government
transparency.
•
If you need to conduct a closed session during your meeting, arrange ahead on how to properly
conduct that meeting. You may need to have an alternate connection (such as a conference call
number) for use during the closed session only. Remember to follow the requirements for detailed
minutes and an audio recording of your closed session.
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§ 22.2: Right to examine public records - exceptions
§ 22.3: Supervision - fees
§ 22.4: Hours when available
Iowa Code section 22.2(1):
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. Unless otherwise provided for by law, the right
to examine a public record shall include the right to examine a public record
without charge while the public record is in the physical possession of the
custodian of the public record. The right to copy a public record shall include
the right to make photographs or photographic copies while the public
record is in the possession of the custodian of the public record. All rights
under this section are in addition to the right to obtain a certified copy of a
public record under section 622.46.
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Iowa Code section 22.3(1):
The examination and copying of public records shall be done under the supervision of the
lawful custodian of the records or the custodian’s authorized designee. The lawful
custodian shall not require the physical presence of a person requesting or receiving a
copy of a public record and shall fulfill requests for a copy of a public record received in
writing, by telephone, or by electronic means. Fulfillment of a request for a copy of a public
record may be contingent upon receipt of payment of expenses to be incurred in fulfilling
the request and such estimated expenses shall be communicated to the requester upon
receipt of the request. The lawful custodian may adopt and enforce reasonable rules
regarding the examination and copying of the records and the protection of the records
against damage or disorganization. The lawful custodian shall provide a suitable place for
the examination and copying of the records, but if it is impracticable to do the examination
and copying of the records in the office of the lawful custodian, the person desiring to
examine or copy shall pay any necessary expenses of providing a place for the
examination and copying.
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Iowa Code section 22.4:
The rights of persons under this chapter may be exercised at any time
during the customary office hours of the lawful custodian of the
records. However, if the lawful custodian does not have customary
office hours of at least thirty hours per week, such right may be
exercised at any time from 9:00 AM to 12:00 PM and from 1:00 PM to
4:00 PM, Monday through Friday, excluding legal holidays, unless the
person exercising such right and the lawful custodian agree on a
different time.
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September 18, 2020
SECTION ONE HUNDRED FOURTEEN
Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), in
conjunction with the Iowa Department of Public Health and at the
request of the Iowa League of Cities on behalf of numerous local
governmental bodies, I continue to temporarily suspend the regulatory
provisions of Iowa Code § 22.4 to the extent those provisions require a
lawful custodian of records to maintain office hours to receive in-person
record requests, so long as the custodian has posted clear direction for
making requests in writing, by telephone, or by electronic means in a
prominent place that is easily accessible to the public.
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Access to Records
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Johnson v. Buchanan County Sheriff, 20FC:0064
Timeliness of Release
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Informal complaints
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IPIB was created to provide a free, efficient way for Iowans to receive information
and resolve complaints related to Iowa’s open meetings and public records law.
We are a resource for you and here to help. Contact us if we can be of service.
www.ipib.iowa.gov
ipib@iowa.gov
(515) 725-1781
Wallace State Office Building
502 East 9
th
Street, Third Floor
Des Moines, Iowa 50319
Explore guidelines by the Iowa Public Information Board for conducting open meetings and managing public records during COVID-19. Understand the importance of transparency in government operations. Learn how to provide public notice, conduct meetings, and ensure accessibility in compliance with Iowa laws.
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Presentation Transcript
Open Meetings & Public Records in the Time of COVID-19 Presented by the Iowa Public Information Board Margaret Johnson Executive Director Zach Goodrich Legal Counsel Sponsored by the Iowa State Bar Association Government Practice Section
A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps both. - James Madison
Chapter 21: Open Meetings Chapter 22: Public Records Chapter 23: IPIB Act
Chapter 21 Open Meetings 21.3: Meetings of governmental bodies 21.4: Public notice 21.7: Rules of conduct at meetings 21.8: Electronic meetings
Pre-COVID Language Iowa Code section 21.3: Meetings of governmental bodies shall be preceded be public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.
Pre-COVID Language Iowa Code section 21.4(1)(a-b): Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held. Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.
Pre-COVID Language Iowa Code section 21.7: The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.
Pre-COVID Language Iowa Code section 21.8(1): A governmental body may conduct a meeting by electronic means only in circumstances where such a meeting in person is impossible or impractical and only if the governmental body complies with all of the following: (a) The governmental body provides public access to the conversation of the meeting to the extent reasonably possible. (b) The governmental body complies with section 21.4 [public notice]. For the purpose of this paragraph, the place of the meeting is the place from which the communication originates or where public access is provided to the conversation. (c) Minutes are kept of the meeting. The minutes shall include a statement explaining why a meeting in person was impossible or impractical.
Governors Proclamation September 18, 2020 SECTION ONE HUNDRED THIRTEEN Pursuant to Iowa Code 29C.6(6), and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code 21.8 [et al.], or any other statute imposing a requirement to hold a public meeting or hearing, to the extent that the statutes could be interpreted to prevent a governmental body from holding the meeting by electronic means, provided that the governmental body properly notices the meeting or hearing and includes a telephone conference number or website address that permits the public to participate in the meeting or hearing. I also temporarily suspend those statutes to the extent they could be interpreted to prevent a governmental body from limiting the number of people present at an in-person location of the meeting, provided that the governmental body provides a means for the public to participate by telephone or electronically as provided in this section.
COVID Modifications & Impact 21.3: No impact 21.4: No specific changes in requirements 21.7: Expanded rule policies 21.8: Governor s Proclamations did not change, but provided guidance on how to hold a COVID electronic meeting, especially when gathering limitations are in place
IPIB Cases of Interest Notice & Access - Henely v. Gilbert Schools, 20FC:0039, 20FC:0070, and 20FC:0073 Technical Difficulties - Simpson v. City of Essex, 20FC:0059 - Bloes v. City of Wall Lake, 20FC:0042
Lessons Learned Research options that will work best for your community. Do you have the equipment and infrastructure to hold a meeting with video access? Do you have a speakerphone, recording device, camera and microphone, or the other devices needed to conduct the meeting? Remember your community/audience needs. Your citizens may not have sophisticated electronic devices or the internet access you have at your disposal. Even though you are capable of doing a video chat, they may not be able to access your meeting. How can you notify your community on how to access the meeting? Posting a notice with access instructions on the bulletin board at the main office does not work if the building is locked. Perhaps having a test run of the system will allow the public (and your officials) to practice how to do an electronic meeting. Even if your council or board plans to meet in person, having remote access available for those members of the public who are at high risk for infection is a way to promote government transparency. If you need to conduct a closed session during your meeting, arrange ahead on how to properly conduct that meeting. You may need to have an alternate connection (such as a conference call number) for use during the closed session only. Remember to follow the requirements for detailed minutes and an audio recording of your closed session.
Chapter 22 Public Records 22.2: Right to examine public records - exceptions 22.3: Supervision - fees 22.4: Hours when available
Pre-COVID Language Iowa Code section 22.2(1): 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. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record. All rights under this section are in addition to the right to obtain a certified copy of a public record under section 622.46.
Pre-COVID Language Iowa Code section 22.3(1): The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian s authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means. Fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of expenses to be incurred in fulfilling the request and such estimated expenses shall be communicated to the requester upon receipt of the request. The lawful custodian may adopt and enforce reasonable rules regarding the examination and copying of the records and the protection of the records against damage or disorganization. The lawful custodian shall provide a suitable place for the examination and copying of the records, but if it is impracticable to do the examination and copying of the records in the office of the lawful custodian, the person desiring to examine or copy shall pay any necessary expenses of providing a place for the examination and copying.
Pre-COVID Language Iowa Code section 22.4: The rights of persons under this chapter may be exercised at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at least thirty hours per week, such right may be exercised at any time from 9:00 AM to 12:00 PM and from 1:00 PM to 4:00 PM, Monday through Friday, excluding legal holidays, unless the person exercising such right and the lawful custodian agree on a different time.
Governors Proclamation September 18, 2020 SECTION ONE HUNDRED FOURTEEN Pursuant to Iowa Code 29C.6(6) and Iowa Code 135.144(3), in conjunction with the Iowa Department of Public Health and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I continue to temporarily suspend the regulatory provisions of Iowa Code 22.4 to the extent those provisions require a lawful custodian of records to maintain office hours to receive in-person record requests, so long as the custodian has posted clear direction for making requests in writing, by telephone, or by electronic means in a prominent place that is easily accessible to the public.
IPIB Cases of Interest Access to Records - Johnson v. Buchanan County Sheriff, 20FC:0064 Timeliness of Release - Informal complaints
IPIB was created to provide a free, efficient way for Iowans to receive information and resolve complaints related to Iowa s open meetings and public records law. We are a resource for you and here to help. Contact us if we can be of service. www.ipib.iowa.gov ipib@iowa.gov (515) 725-1781 Wallace State Office Building 502 East 9th Street, Third Floor Des Moines, Iowa 50319 Margaret Johnson Executive Director Zach Goodrich Legal Counsel Brett Toresdahl Deputy Director
