Open meetings and Open records legislation

Open records and open meetings are important to our work

UPDATE: bill hf706 was signed by the governor.

 

The Sierra Club's work depends on access to public records and open public meetings.  Several bills have been introduced in the Iowa legislature would improve open records and open meetings laws.

If government is able to keep public records secret, then the public does not have important information to use in supporting or opposing projects.  Sometimes officials attempt to hide embarrassing details or mistakes from the public.  There are some types of records, such as income tax and medical records, which are confidential and, thus, are not available for public review.  It is necessary to have enough time to challenge a denial of an open records request for material that should be public record.

Likewise, some government bodies try to deny the public access to meetings that should be open to the public.

How you can help

A summary of the legislation and how to contact the legislators follows.

HF706 (formerly HF416) - This bill increases the fines for violations of the open meetings laws.  It requires a court to issue an order immediately removing a member of a governmental body from office if the member previously engaged in a prior violation of the open meetings law.  It sets a requirement for training of newly elected or appointed public officials.  The Sierra Club supports this bill.   Although these may seem like steep fines, violators of the open meetings laws need to understand that there are consequences for the violations. 
 
  1. HF706 passed both the House and the Senate.  It is awaiting the governor's signature.  Ask the governor to sign HF706 via E-Mail   Note: To electronically send a letter to the governor, you must use the governor's website.  You can also send a letter or phone the governor's office at 515-281-5211.

     

HF768 (formerly HSB77) and SF386 (formerly SSB1085) - If you do not get a response to an open records request or you have been denied records you believe you should have access to under the open records act, you can appeal that decision to the Public Information Review Board.  Likewise complaints about open meetings can be taken to the Public Information Review Board.  Currently you have 60 days to file a complaint; this bill changes that to 90 days.   The Sierra Club supports HSB77 and SF386.  Update: the legislature adjourned and did not pass these bills.

HF259 (formerly HSB75) and SF388 (formerly SSB1087) - This bill requires the act of giving notice of a meeting of a governmental body to include (1) advising the news media who have filed a request for notice with the governmental body; (2) posting the notice in a prominent and conspicuous place that is designated annually by the governmental body, in a manner such that the notice is visible at all times; and (3) posting the notice on any associated internet site.  If a tentative agenda has been posted and is amended, the amended agenda shall be marked “AMENDED”, the amended provisions identified, and a new notice provided.  The bill requires a governmental body to provide notice if a meeting is canceled. The notice must be given at least 24 hours prior to the start of the meeting or, for good cause shown, as soon as reasonably possible.  The Sierra Club supports these bills.   Note, HF259 passed the Iowa House 94 to 1 and has moved to the Senate.  Update: the legislature adjourned and did not pass these bills.

HF400 (formerly HSB76) and SF389 (formerly SSB1086) - This bill sets requirements for records custodians who receive open records requests.  First, the custodian should acknowledge the request and provide contact information for the person designated to handle the request.  Second, an approximate date that the request will be responded to and an estimate of any fees associated with the request.  Third, the requester should be informed of delays the custodian is having in responding to the request.  The Sierra Club supports HF400 and SF389.   This bill failed the second funnel and is not expected to move forward this legislative session.