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TITLE I  STATE SOVEREIGNTY AND MANAGEMENT
SUBTITLE 9  RESTRAINTS ON GOVERNMENT
CHAPTER 22  EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS)

22.1 Definitions

   1. The term "government body" means this state, or any county,
city, township, school corporation, political subdivision,
tax-supported district, nonprofit corporation other than a county
or district fair or agricultural society, whose facilities or
indebtedness are supported in whole or in part with property tax
revenue and which is licensed to conduct pari-mutuel wagering
pursuant to chapter 99D, or other entity of this state, or any
branch, department, board, bureau, commission, council, committee,
official or officer,  of any of the foregoing or any employee
delegated the responsibility for implementing the requirements of
this chapter.

   2. The term "lawful custodian" means the government body
currently in physical possession of the public record.  The
custodian of a public record in the physical possession of persons
outside a government body is the government body owning that
record.  The records relating to the investment of public funds are
the property of the public body responsible for the public funds.
Each government body shall delegate to particular officials or
employees of that government body the responsibility for
implementing the requirements of this chapter and shall publicly
announce the particular officials or employees to whom
responsibility for implementing the requirements of this chapter
has been delegated.  "Lawful custodian" does not mean an automated
data processing unit of a public body if the data processing unit
holds the records solely as the agent of another public body, nor
does it mean a unit which holds the records of other public bodies
solely for storage.

   3. As used in this chapter, "public records" includes all
records, documents, tape, or other information, stored or preserved
in any medium, of or belonging to this state or any county, city,
township, school corporation, political subdivision, nonprofit
corporation other than a county or district fair or agricultural
society, whose facilities or indebtedness are supported in whole or
in part with property tax revenue and which is licensed to conduct
pari-mutuel wagering pursuant to chapter 99D, or tax-supported
district in this state, or any branch, department, board, bureau,
commission, council, or committee of any  of the foregoing.

   "Public records" also includes all records relating to the
investment of public funds including but not limited to investment
policies, instructions, trading orders, or contracts, whether in
the custody of the public body responsible for the public funds or
a fiduciary or other third party.

HISTORY:

   (C71, 73, 75, 77, 79, 81, @ 68A.1); 84 Acts, ch 1145, @ 1; 84
Acts, ch 1185,  @ 1 C85, @ 22.1 90 Acts, ch 1271, @ 702; 91 Acts,
ch 258, @ 27; 92 Acts, ch 1156, @ 6, 7

 NOTES:    Paragraphs numbered and rearranged to alphabetize

   Subsections 2 and 3 amended

22.2 Right to examine public records -- exception

   1. Every person shall have the right to examine and copy public
records and to publish or otherwise disseminate public records or
the information contained  therein.  The right to copy public
records shall include the right to make photographs or photographic
copies while the records are in the possession of the custodian of
the records.  All rights under this section are in addition to  the
right to obtain certified copies of records under section 622.46.

   2. A government body shall not prevent the examination or
copying of a public record by contracting with a nongovernment body
to perform any of its duties or  functions.

   3. However, notwithstanding subsections 1 and 2, a government
body which maintains a geographic computer data base is not
required to permit access to or use of the data base by any person
except upon terms and conditions acceptable to the governing body.
The governing body shall establish reasonable rates and  procedures
for the retrieval of specified records, which are not confidential
records, stored in the data base upon the request of any person.

HISTORY:

   (C71, 73, 75, 77, 79, 81, @ 68A.2); 84 Acts, ch 1185, @ 2 C85,
@ 22.2 89 Acts, ch 189, @ 1

22.3 Supervision

   Such examination and copying shall be done under the supervision
of the lawful custodian of the records or the custodian's
authorized deputy. The lawful custodian may adopt and enforce
reasonable rules regarding such work and the protection of the
records against damage or disorganization. The lawful custodian
shall provide a suitable place for such work, but if it is
impracticable to do such work in the office of the lawful
custodian, the person  desiring to examine or copy shall pay any
necessary expenses of providing a place for such work. All expenses
of such work shall be paid by the person /pd   .pd.pd

22.2 Right to examine public records -- exception

   1. Every person shall have the right to examine and copy public
records and to publish or otherwise disseminate public records or
the information contained  therein.  The right to copy public
records shall include the right to make photographs or photographic
copies while the records are in the possession of the custodian of
the records.  All rights under this section are in addition to  the
right to obtain certified copies of records under section 622.46.

   2. A government body shall not prevent the examination or
copying of a public record by contracting with a nongovernment body
to perform any of its duties or  functions.

   3. However, notwithstanding subsections 1 and 2, a government
body which maintains a geographic computer data base is not
required to permit access to or use of the data base by any person
except upon terms and conditions acceptable to the governing body.
The governing body shall establish reasonable rates and  procedures
for the retrieval of specified records, which are not confidential
records, stored in the data base upon the request of any person.

HISTORY:

   (C71, 73, 75, 77, 79, 81, @ 68A.2); 84 Acts, ch 1185, @ 2 C85,
@ 22.2 89 Acts, ch 189, @ 1

22.3 Supervision

   Such examination and copying shall be done under the supervision
of the lawful custodian of the records or the custodian's
authorized deputy. The lawful custodian may adopt and enforce
reasonable rules regarding such work and the protection of the
records against damage or disorganization. The lawful custodian
shall provide a suitable place for such work, but if it is
impracticable to do such work in the office of the lawful
custodian, the person  desiring to examine or copy shall pay any
necessary expenses of providing a place for such work. All expenses
of such work shall be paid by the person desiring to examine or
copy. The lawful custodian may charge a reasonable fee for the
services of the lawful custodian or the custodian's authorized
deputy in supervising the records during such work. If copy
equipment is available at the  office of the lawful custodian of
any public records, the lawful custodian shall provide any person
a reasonable number of copies of any public record in the custody
of the office upon the payment of a fee. The fee for the copying
service as determined by the lawful custodian shall not exceed the
cost of providing the service.

HISTORY:

   (C71, 73, 75, 77, 79, 81, @ 68A.3); C85, @ 22.3

22.4 Hours when available

   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 nine o'clock a.m. to noon
and from one o'clock p.m. to four o'clock p.m. Monday through
Friday, excluding legal holidays, unless the person exercising such
right and the lawful custodian agree on a different time. HISTORY:

   (C71, 73, 75, 77, 79, 81, @ 68A.4); 84 Acts, ch 1185, @ 3 C85,
@ 22.4

22.5 Enforcement of rights

   The provisions of this chapter and all rights of persons under
this chapter may be enforced by mandamus or injunction, whether or
not any other remedy is also available.  In the alternative, rights
under this chapter also may be enforced by an action for judicial
review according to the provisions of the Iowa administrative
procedure Act, if the records involved are records of an "agency"
as defined in that Act.

HISTORY:  (C71, 73, 75, 77, 79, 81, @ 68A.5); 84 Acts, ch 1185, @
4 C85, @ 22.5

22.6 Penalty

   It shall be unlawful for any person to deny or refuse any
citizen of Iowa any right under this chapter, or to cause any such
right to be denied or refused. Any person knowingly violating or
attempting to violate any provision of this chapter where no other
penalty is provided shall be guilty of a simple misdemeanor.

HISTORY:    (C71, 73, 75, 77, 79, 81, @ 68A.6); C85, @ 22.6

22.7 Confidential records

   The following public records shall be kept confidential, unless
otherwise ordered by a court, by the lawful custodian of the
records, or by another person duly authorized to release such
information:

   1. Personal information in records regarding a student,
prospective student,  or former student maintained, created,
collected or assembled by or for a school corporation or
educational institution maintaining such records.

   2. Hospital records, medical records, and professional counselor
records of the condition, diagnosis, care, or treatment of a
patient or former patient or a counselee or former counselee,
including outpatient.  However, confidential communications between
a crime victim and the victim's counselor are not subject to
disclosure except as provided in section 236A.1.  However, the Iowa
department of public health shall adopt rules which provide for the
sharing of information among agencies concerning the maternal and
child health program, while maintaining an individual's
confidentiality.

   3. Trade secrets which are recognized and protected as such by
law.

   4. Records which represent and constitute the work product of an
attorney, which are related to litigation or claim made by or
against a public body.

   5. Peace officers' investigative reports, except where
disclosure is authorized elsewhere in this Code.  However, the
date, time, specific location,  and immediate facts and
circumstances surrounding a crime or incident shall not  be kept
confidential under this section, except in those unusual
circumstances where disclosure would plainly and seriously
jeopardize an investigation or pose a clear and present danger to
the safety of an individual.

   6. Reports to governmental agencies which, if released, would
give advantage  to competitors and serve no public purpose.

   7. Appraisals or appraisal information concerning the purchase
of real or personal property for public purposes, prior to public
announcement of a project.

   8. Iowa department of economic development information on an
industrial prospect with which the department is currently
negotiating.

   9. Criminal identification files of law enforcement agencies.
However, records of current and prior arrests shall be public
records.

   10. Personal information in confidential personnel records of
the military division of the department of public defense of the
state.

   11. Personal information in confidential personnel records of
public bodies including but not limited to cities, boards of
supervisors and school districts.

   12. Financial statements submitted to the department of
agriculture and land  stewardship pursuant to chapter 203 or
chapter 203C, by or on behalf of a licensed grain dealer or
warehouse operator or by an applicant for a grain dealer license or
warehouse license.

   13. The records of a library which, by themselves or when
examined with other public records, would reveal the identity of
the library patron checking out or  requesting an item or
information from the library.  The records shall be released to a
criminal justice agency only pursuant to an investigation of a
particular person or organization suspected of committing a known
crime.  The records shall be released only upon a judicial
determination that a rational connection exists between the
requested release of information and a legitimate  end and that the
need for the information is cogent and compelling.

   14. The material of a library, museum or archive which has been
contributed by a private person to the extent of any limitation
that is a condition of the contribution.

   15. Information concerning the procedures to be used to control
disturbances  at adult correctional institutions.  Such information
shall also be exempt from  public inspection under section 17A.3.
As used in this subsection disturbance means a riot or a condition
that can reasonably be expected to cause a riot.

   16. Information in a report to the Iowa department of public
health, to a local board of health, or to a local health
department, which identifies a person infected with a reportable
disease.

   17. Records of identity of owners of public bonds or obligations
maintained as provided in section 76.10 or by the issuer of the
public bonds or obligations.  However, the issuer of the public
bonds or obligations and a state or federal agency shall have the
right of access to the records.

   18. Communications not required by law, rule, or procedure that
are made to a government body or to any of its employees by
identified persons outside of government, to the extent that the
government body receiving those communications from such persons
outside of government could reasonably believe  that those persons
would be discouraged from making them to that government body if
they were available for general public examination.
Notwithstanding this provision:

   a. The communication is a public record to the extent that the
person outside of government making that communication consents to
its treatment as a public record.

   b. Information contained in the communication is a public record
to the extent that it can be disclosed without directly or
indirectly indicating the identity of the person outside of
government making it or enabling others to ascertain the identity
of that person.

   c. Information contained in the communication is a public record
to the extent that it indicates the date, time, specific location,
and immediate facts  and circumstances surrounding the occurrence
of a crime or other illegal act, except to the extent that its
disclosure would plainly and seriously jeopardize  a continuing
investigation or pose a clear and present danger to the safety of
any person.  In any action challenging the failure of the lawful
custodian to disclose any particular information of the kind
enumerated in this paragraph, the burden of proof is on the lawful
custodian to demonstrate that the disclosure of that information
would jeopardize such an investigation or would pose such a clear
and present danger.
   19. Examinations, including but not limited to cognitive and
psychological examinations for law enforcement officer candidates
administered by or on behalf of a governmental body, to the extent
that their disclosure could reasonably be  believed by the
custodian to interfere with the accomplishment of the objectives
for which they are administered.

   20. Memoranda, work products and case files of a mediator and
all other confidential communications in the possession of an
approved dispute resolution  center, as provided in chapter 679.
Information in these confidential communications is subject to
disclosure only as provided in section 679.12, notwithstanding this
chapter.

   21. Information concerning the nature and location of any
archaeological resource or site if, in the opinion of the state
archaeologist, disclosure of the information will result in
unreasonable risk of damage to or loss of the resource or site
where the resource is located. This subsection shall not be
construed to interfere with the responsibilities of the federal
government or the state historical preservation officer pertaining
to access, disclosure, and  use of archaeological site records.

   22. Information concerning the nature and location of any
ecologically sensitive resource or site if, in the opinion of the
director of the department  of natural resources after consultation
with the state ecologist, disclosure of  the information will
result in unreasonable risk of damage to or loss of the resource or
site where the resource is located.  This subsection shall not be
construed to interfere with the responsibilities of the federal
government or the director of the department of natural resources
and the state ecologist pertaining to access, disclosure, and use
of the ecologically sensitive site records.

   23. Reports or recommendations of the Iowa insurance guaranty
association filed or made pursuant to section 515B.10, subsection
1, paragraph "a", subparagraph (2).

   24. Information or reports collected or submitted pursuant to
section 508C.12, subsections 3 and 5, and section 508C.13,
subsection 2, except to the extent that release is permitted under
those sections.

   25. Records of purchases of alcoholic liquor from the alcoholic
beverages division of the department of commerce which would reveal
purchases made by an individual class "E" liquor control licensee.
However, the records may be revealed for law enforcement purposes
or for the collection of payments due the  division pursuant to
section 123.24.

   26. Financial information, which if released would give
advantage to competitors and serve no public purpose, relating to
commercial operations conducted or intended to be conducted by a
person submitting records containing  the information to the
agricultural diversification bureau of the department of
agriculture and land stewardship for the purpose of obtaining
assistance in business planning.

   27. Applications, investigation reports, and case records of
persons applying for county general assistance pursuant to section
252.25.

   28. Marketing and advertising budget and strategy of a nonprofit
corporation  which is subject to this chapter.  However, this
exemption does not apply to salaries or benefits of employees who
are employed by the nonprofit corporation  to handle the marketing
and advertising responsibilities.

HISTORY:

   (C71, 73, 75, 77, 79, 81, @ 68A.7; 81 Acts, ch 36, @ 1, ch 37,
@ 1, ch 38, @  1, ch 62, @ 4); 83 Acts, ch 90, @ 9; 84 Acts, ch
1014, @ 1; 84 Acts, ch 1185, @  5, 6 C85, @ 22.7 85 Acts, ch 134,
@ 16; 85 Acts, ch 175, @ 1; 85 Acts, ch 208, @ 1; 86 Acts, ch 1184,
@ 1; 86 Acts, ch 1228, @ 1; 87 Acts, ch 223, @ 20; 88 Acts, ch
1010, @ 1; 88 Acts, ch 1256, @ 1; 89 Acts, ch 194, @ 1; 89 Acts, ch
304, @ 102; 89 Acts, ch 311, @ 22; 90 Acts, ch 1017, @ 1; 90 Acts,
ch 1271, @ 703; 92 Acts, ch 1212, @ 3

 NOTES:    Subsection 27 amended

22.8 Injunction to restrain examination

   1. The district court may grant an injunction restraining the
examination, including copying, of a specific public record or a
narrowly drawn class of public records.  A hearing shall be held on
a request for injunction upon reasonable notice as determined by
the court to persons requesting access to the record which is the
subject of the request for injunction.  It shall be the duty of the
lawful custodian and any other person seeking an injunction to
ensure compliance with the notice requirement.  Such an injunction
may be issued only if the petition supported by affidavit shows and
if the court finds both of the following:

   a. That the examination would clearly not be in the public
interest.

   b. That the examination would substantially and irreparably
injure any person or persons.

   2. An injunction shall be subject to the rules of civil
procedure except that the court in its discretion may waive bond.

   3. In actions brought under this section the district court
shall take into account the policy of this chapter that free and
open examination of public records is generally in the public
interest even though such examination may cause inconvenience or
embarrassment to public officials or others. A court may  issue an
injunction restraining examination of a public record or a narrowly
drawn class of such records, only if the person seeking the
injunction demonstrates by clear and convincing evidence that this
section authorizes its issuance.  An injunction restraining the
examination of a narrowly drawn class of public records may be
issued only if such an injunction would be justified under this
section for every member within the class of records involved if
each of those members were considered separately.

   4. Good-faith, reasonable delay by a lawful custodian in
permitting the examination and copying of a government record is
not a violation of this chapter if the purpose of the delay is any
of the following:

   a. To seek an injunction under this section.

   b. To determine whether the lawful custodian is entitled to seek
such an injunction or should seek such an injunction.

   c. To determine whether the government record in question is a
public record, or confidential record.

   d. To determine whether a confidential record should be
available for inspection and copying to the person requesting the
right to do so.  A reasonable delay for this purpose shall not
exceed twenty calendar days and ordinarily should not exceed ten
business days.

   e. Actions for injunctions under this section may be brought by
the lawful custodian of a government record, or by another
government body or person who would be aggrieved or adversely
affected by the examination or copying of such a record.

   f. The rights and remedies provided by this section are in
addition to any rights and remedies provided by section 17A.19.

HISTORY:

   (C71, 73, 75, 77, 79, 81, @ 68A.8); 84 Acts, ch 1185, @ 7 C85,
@ 22.8

22.9 Denial of federal funds -- rules

   If it is determined that any provision of this chapter would
cause the denial of funds, services or essential information from
the United States government which would otherwise definitely be
available to an agency of this state, such provision shall be
suspended as to such agency, but only to the extent necessary to
prevent denial of such funds, services, or essential information.

   An agency within the meaning of section 17A.2, subsection 1
shall adopt as a  rule, in each situation where this section is
believed applicable, its determination identifying those particular
provisions of this chapter that must  be waived in the
circumstances to prevent the denial of federal funds, services, or
information.

HISTORY:

   (C71, 73, 75, 77, 79, 81, @ 68A.9); 84 Acts, ch 1185, @ 8 C85,
@ 22.9

22.10 Civil enforcement

   1. The rights and remedies provided by this section are in
addition to any rights and remedies provided by section 17A.19.
Any aggrieved person, any taxpayer to or citizen of the state of
Iowa, or the attorney general or any county attorney, may seek
judicial enforcement of the requirements of this chapter in an
action brought against the lawful custodian and any other persons
to enforce this chapter shall be brought in the district court for
the county in which the  lawful custodian has its principal place
of business.

   2. Once a party seeking judicial enforcement of this chapter
demonstrates to  the court that the defendant is subject to the
requirements of this chapter, that the records in question are
government records, and that the defendant refused to make those
government records available for examination and copying by the
plaintiff, the burden of going forward shall be on the defendant to
demonstrate compliance with the requirements of this chapter.

   3. Upon a finding by a preponderance of the evidence that a
lawful custodian  has violated any provision of this chapter, a
court:

   a. Shall issue an injunction punishable by civil contempt
ordering the offending lawful custodian and other appropriate
persons to comply with the requirements of this chapter in the case
before it and, if appropriate, may order the lawful custodian and
other appropriate persons to refrain for one year from any future
violations of this chapter.

   b. Shall assess the persons who participated in its violation
damages in the  amount of not more than five hundred dollars nor
less than one hundred dollars.  These damages shall be paid by the
court imposing them to the state of Iowa if the body in question is
a state government body, or to the local government involved if the
body in question is a local government body.  A person found to
have violated this chapter shall not be assessed such damages if
that person proves that the person either voted against the action
violating this chapter, refused to participate in the action
violating this chapter, or engaged in reasonable efforts under the
circumstances to resist or prevent the action in violation of this
chapter; had good reason to believe and in good faith believed
facts which, if true, would have indicated compliance with the
requirements of this chapter; or reasonably relied upon a decision
of a court or an opinion of the attorney general or the attorney
for the government body.

   c. Shall order the payment of all costs and reasonable attorneys
fees, including appellate attorneys fees, to any plaintiff
successfully establishing a violation of this chapter in the action
brought under this section.  The costs and fees shall be paid by
the particular persons who were assessed damages under paragraph
"b" of this subsection.  If no such persons exist because they have
a  lawful defense under that paragraph to the imposition of such
damages, the costs and fees shall be paid to the successful
plaintiff from the budget of the offending government body or its
parent.

   d. Shall issue an order removing a person from office if that
person has engaged in two prior violations of this chapter for
which damages were assessed  against the person during the person's
term.

   4. Ignorance of the legal requirements of this chapter is not a
defense to an enforcement proceeding brought under this section.
A lawful custodian or its designee in doubt about the legality of
allowing the examination or copying or refusing to allow the
examination or copying of a government record is authorized to
bring suit at the expense of that government body in the district
court of the county of the lawful custodian's principal place of
business, or to seek an opinion of the attorney general or the
attorney for the lawful custodian, to ascertain the legality of any
such action.

   5. Judicial enforcement under this section does not preclude a
criminal prosecution under section 22.6 or any other applicable
criminal provision.

HISTORY:  84 Acts, ch 1185, @ 9

22.11 Fair information practices

   This section may be cited as the "Iowa fair information
practices Act." It is the intent of this section to require that
the information policies of state agencies are clearly defined and
subject to public review and comment.

   1. Each state agency as defined in chapter 17A shall adopt rules
which provide the following:

   a. The nature and extent of the personally identifiable
information collected by the agency, the legal authority for the
collection of that information and a  description of the means of
storage.

   b. A description of which of its records are public records,
which are confidential records and which are partially public and
partially confidential records and the legal authority for the
confidentiality of the records.  The description shall indicate
whether the records contain personally identifiable information.

   c. The procedure for providing the public with access to public
records.

   d. The procedures for allowing a person to review a government
record about that person and have additions, dissents or objections
entered in that record unless the review is prohibited by statute.

   e. The procedures by which the subject of a confidential record
may have a copy of that record released to a named third party.

   f. The procedures by which the agency shall notify persons
supplying information requested by the agency of the use that will
be made of the information, which persons outside of the agency
might routinely be provided this information, which parts of the
information requested are required and which are optional and the
consequences of failing to provide the information requested.

   g. Whether a data processing system matches, collates or permits
the comparison of personally identifiable information in one record
system with personally identifiable information in another record
system.

   2. A state agency shall not use any personally identifiable
information after July 1, 1988 unless it is in a record system
described by the rules required by  this section.

HISTORY:  84 Acts, ch 1185, @ 10

22.12 Political subdivisions

   A political subdivision or public body which is not a state
agency as defined in chapter 17A is not required to adopt policies
to implement section 22.11. However, if a public body chooses to
adopt policies to implement section 22.11 the policies must be
adopted by the elected governing body of the political subdivision
of which the public body is a part.  The elected governing body
must give reasonable notice, make the proposed policy available for
public inspection and allow full opportunity for the public to
comment before adopting the policy. If the public body is
established pursuant to an agreement under chapter 28E, the policy
must be adopted by a majority of the public agencies party to the
agreement.  These policies shall be kept in the office of the
county auditor if  adopted by the board of supervisors, the city
clerk if adopted by a city, and the chief administrative officer of
the public body if adopted by some other elected governing body.

HISTORY:  84 Acts, ch 1185, @ 11

22.13 Settlements -- governmental bodies

   A written summary of the terms of settlement, including amounts
of payments made to or through a claimant, or other disposition of
any claim for damages made against a governmental body or against
an employee, officer, or agent of a  governmental body, by an
insurer pursuant to a contract of liability insurance issued to the
governmental body, shall be filed with the governmental body and
shall be a public record.