House File 205 - Introduced HOUSE FILE 205 BY HUNTER A BILL FOR An Act relating to open records and public meetings, including 1 the creation of the Iowa public information board. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1739HH (4) 84 rh/rj

H.F. 205 Section 1. Section 8A.341, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. If money is appropriated for this purpose, by November 1 3 of each year supply a report which contains the name, gender, 4 county, or city of residence when possible, official title, 5 salary received during the previous fiscal year, base salary as 6 computed on July 1 of the current fiscal year, and traveling 7 and subsistence expense of the personnel of each of the 8 departments, boards, and commissions of the state government 9 except personnel who receive an annual salary of less than one 10 thousand dollars. The number of the personnel and the total 11 amount received by them shall be shown for each department in 12 the report. All employees who have drawn salaries, fees, or 13 expense allowances from more than one department or subdivision 14 shall be listed separately under the proper departmental 15 heading. On the request of the director, the head of each 16 department, board, or commission shall furnish the data 17 covering that agency. The report shall be distributed upon 18 request without charge in an electronic medium to each caucus 19 of the general assembly, the legislative services agency, the 20 chief clerk of the house of representatives, and the secretary 21 of the senate. Copies of the report shall be made available to 22 other persons in an electronic medium upon payment of a fee, 23 which shall not exceed the cost of providing the copy of the 24 report. Sections 22.2 through 22.6 22.5 apply to the report. 25 All funds from the sale of the report shall be deposited in the 26 printing revolving fund established in section 8A.345 . 27 Sec. 2. Section 8E.202, subsection 1, unnumbered paragraph 28 1, Code 2011, is amended to read as follows: 29 The department and each agency shall provide for the widest 30 possible dissemination of information between agencies and the 31 public relating to the enterprise strategic plan and agency 32 strategic plans, including but not limited to internet access. 33 This section does not require the department or an agency to 34 release information which is classified as a confidential 35 -1- LSB 1739HH (4) 84 rh/rj 1/ 29

H.F. 205 record under this Code , including but not limited to section 1 22.7 . 2 Sec. 3. Section 8E.202, subsection 3, Code 2011, is amended 3 to read as follows: 4 3. A record which is confidential under this Code , including 5 but not limited to section 22.7 , shall not be released to the 6 public under this section . 7 Sec. 4. Section 21.4, subsections 1 and 3, Code 2011, are 8 amended to read as follows: 9 1. A Except as provided in subsection 3, a governmental 10 body , except township trustees, shall give notice of the time, 11 date, and place of each meeting including a reconvened meeting 12 of the governmental body , and its the tentative agenda of the 13 meeting , in a manner reasonably calculated to apprise the 14 public of that information. Reasonable notice shall include 15 advising the news media who have filed a request for notice 16 with the governmental body and posting the notice on a bulletin 17 board or other prominent place which is easily accessible to 18 the public and clearly designated for that purpose at the 19 principal office of the body holding the meeting, or if no such 20 office exists, at the building in which the meeting is to be 21 held. 22 3. Subsection 1 does not apply to any of the following: 23 a. A meeting reconvened within four hours of the start of 24 its recess, where an announcement of the time, date, and place 25 of the reconvened meeting is made at the original meeting in 26 open session and recorded in the minutes of the meeting and 27 there is no change in the agenda. 28 b. A meeting held by a formally constituted subunit of a 29 parent governmental body may conduct a meeting without notice 30 as required by this section during a lawful meeting of the 31 parent governmental body , or during a recess in that meeting 32 of up to four hours , or a meeting of that subunit immediately 33 following that the meeting of the parent governmental body , if 34 the meeting of the that subunit is publicly announced in open 35 -2- LSB 1739HH (4) 84 rh/rj 2/ 29

H.F. 205 session at the parent meeting and the subject of the meeting 1 reasonably coincides with the subjects discussed or acted upon 2 by the parent governmental body. 3 Sec. 5. Section 21.5, subsection 1, paragraph j, Code 2011, 4 is amended to read as follows: 5 j. To discuss the purchase of particular real estate only 6 where premature disclosure could be reasonably expected to 7 increase the price the governmental body would have to pay for 8 that property. The minutes and the tape audio recording of 9 a session closed under this paragraph shall be available for 10 public examination when the transaction discussed is completed. 11 Sec. 6. Section 21.5, subsection 4, Code 2011, is amended 12 to read as follows: 13 4. A governmental body shall keep detailed minutes of all 14 discussion, persons present, and action occurring at a closed 15 session, and shall also tape audio record all of the closed 16 session. The detailed minutes and tape audio recording of a 17 closed session shall be sealed and shall not be public records 18 open to public inspection. However, upon order of the court 19 in an action to enforce this chapter , the detailed minutes 20 and tape audio recording shall be unsealed and examined by 21 the court in camera. The court shall then determine what 22 part, if any, of the minutes should be disclosed to the 23 party seeking enforcement of this chapter for use in that 24 enforcement proceeding. In determining whether any portion of 25 the minutes or recording shall be disclosed to such a party for 26 this purpose, the court shall weigh the prejudicial effects 27 to the public interest of the disclosure of any portion of 28 the minutes or recording in question, against its probative 29 value as evidence in an enforcement proceeding. After such a 30 determination, the court may permit inspection and use of all 31 or portions of the detailed minutes and tape audio recording by 32 the party seeking enforcement of this chapter . A governmental 33 body shall keep the detailed minutes and tape audio recording 34 of any closed session for a period of at least one year from the 35 -3- LSB 1739HH (4) 84 rh/rj 3/ 29

H.F. 205 date of that meeting , except as otherwise required by law . 1 Sec. 7. Section 21.6, subsection 3, paragraph a, Code 2011, 2 is amended to read as follows: 3 a. Shall assess each member of the governmental body who 4 participated in its violation damages in the amount of not more 5 than five hundred dollars nor and not less than one hundred 6 dollars. However, if a member of a governmental body knowingly 7 participated in such a violation, damages shall be in the 8 amount of not more than two thousand five hundred dollars 9 and not less than one thousand dollars. These damages shall 10 be paid by the court imposing it to the state of Iowa, if 11 the body in question is a state governmental body, or to the 12 local government involved if the body in question is a local 13 governmental body. A member of a governmental body found to 14 have violated this chapter shall not be assessed such damages 15 if that member proves that the member did any of the following: 16 (1) Voted against the closed session. 17 (2) Had good reason to believe and in good faith believed 18 facts which, if true, would have indicated compliance with all 19 the requirements of this chapter . 20 (3) Reasonably relied upon a decision of a court , or a 21 formal opinion of the Iowa public information board, the 22 attorney general , or the attorney for the governmental body , 23 given in writing, or as memorialized in the minutes of the 24 meeting at which a formal oral opinion was given, or an 25 advisory opinion of the Iowa public information board, the 26 attorney general, or the attorney for the governmental body, 27 given in writing . 28 Sec. 8. Section 21.6, subsection 3, paragraph d, Code 2011, 29 is amended to read as follows: 30 d. Shall issue an order removing a member of a governmental 31 body from office if that member has engaged in a prior 32 violation of this chapter for which damages were assessed 33 against the member during the member’s term. In making this 34 determination, the court shall recognize violations for which 35 -4- LSB 1739HH (4) 84 rh/rj 4/ 29

H.F. 205 damages were assessed by the Iowa public information board 1 created in section 23.3. 2 Sec. 9. NEW SECTION . 22.01 Purpose. 3 The purpose of this chapter is to provide as much 4 transparency in government operations as possible consistent 5 with the need to avoid undue invasions of personal privacy and 6 the need to avoid significant interference with the achievement 7 of other important and legitimate state objectives. 8 Sec. 10. NEW SECTION . 22.2A Record requests —— time 9 limits. 10 1. Upon receipt of an oral or written request to examine or 11 copy a public record, the lawful custodian shall, if feasible 12 in the ordinary course of business, permit such examination 13 or copying at the time of the request. If it is not feasible 14 in the ordinary course of business to permit examination or 15 copying of the public record at the time of the request, 16 the lawful custodian shall immediately notify the requester, 17 orally or in writing, when such examination or copying may take 18 place, which shall be no later than five business days from 19 the time of the request unless there is good cause for further 20 delay. If further delay is necessary because of good cause 21 in responding to a request to examine or copy a record the 22 lawful custodian knows is a public record, the lawful custodian 23 shall provide the requester with a written statement detailing 24 the reason or reasons for the delay and the date by which the 25 request will be satisfied. 26 2. If the lawful custodian is in doubt as to whether the 27 record requested is a public record or whether the requester 28 should be permitted to examine or copy a public record 29 specified in section 22.7, the lawful custodian shall make 30 that determination within ten business days from the date of 31 the request unless further delay is necessary because of a 32 pending request by the lawful custodian to the Iowa public 33 information board for an opinion regarding the status of the 34 record requested, or other good cause, which is communicated 35 -5- LSB 1739HH (4) 84 rh/rj 5/ 29

H.F. 205 in writing to the requester. Examination or copying of the 1 government record shall be allowed within five business days 2 from the date the lawful custodian makes the determination 3 in such circumstances to permit examination or copying of 4 the record unless there is good cause for further delay in 5 fulfilling the request as provided in subsection 1. 6 3. If the lawful custodian denies a request to examine or 7 copy a public record, the custodian must provide the requester 8 at the time of the denial a written statement denying the 9 request and detailing the specific reason or reasons for the 10 denial. 11 4. If the lawful custodian does not fulfill a request to 12 examine or copy a public record within the times prescribed 13 in this section, the request shall be deemed denied and the 14 requester shall be entitled to file a complaint with the Iowa 15 public information board pursuant to section 23.7 or file a 16 lawsuit against the lawful custodian pursuant to section 22.10. 17 Sec. 11. Section 22.7, subsection 7, Code 2011, is amended 18 to read as follows: 19 7. Appraisals or appraisal information concerning the 20 purchase of real or personal property for public purposes, 21 prior to public announcement of a project the submission of the 22 appraisal to the property owner or other interest holders as 23 provided in section 6B.45 . 24 Sec. 12. Section 22.7, subsection 10, Code 2011, is amended 25 by striking the subsection. 26 Sec. 13. Section 22.7, subsection 11, Code 2011, is amended 27 to read as follows: 28 11. a. Personal information in confidential personnel 29 records of public government bodies including but not limited 30 to cities, boards of supervisors and school districts. relating 31 to identified or identifiable individuals who are officials, 32 officers, or employees of the government bodies. However, the 33 following information relating to such individuals contained in 34 personnel records shall be public records: 35 -6- LSB 1739HH (4) 84 rh/rj 6/ 29

H.F. 205 (1) The name and compensation of the individual including 1 any written agreement establishing compensation or any other 2 terms of employment excluding any information otherwise 3 excludable from public information pursuant to this section or 4 any other applicable provision of law. For purposes of this 5 subparagraph, “compensation” means payment of, or agreement 6 to pay, any money, thing of value, or financial benefit 7 conferred in return for labor or services rendered by an 8 officer, employee, or other person plus the value of benefits 9 including but not limited to casualty, disability, life, or 10 health insurance; other health or wellness benefits; vacation, 11 holiday, and sick leave; severance payments; retirement 12 benefits; and deferred compensation. 13 (2) The date the individual was employed by the government 14 body. 15 (3) The positions the individual holds or has held with the 16 government body. 17 (4) The educational institutions attended by the 18 individual, including any diplomas and degrees earned, and 19 the names of the individual’s previous employers, positions 20 previously held, and dates of previous employment. 21 (5) Any final disciplinary action taken against the 22 individual that resulted in the individual’s discharge. 23 b. Personal information in confidential personnel records of 24 government bodies relating to student employees shall only be 25 released pursuant to 20 U.S.C. § 1232g. 26 Sec. 14. Section 22.7, subsection 18, Code 2011, is amended 27 to read as follows: 28 18. a. Communications not required by law, rule, procedure, 29 or contract that are made to a government body or to any of its 30 employees by identified persons outside of government, to the 31 extent that the government body receiving those communications 32 from such persons outside of government could reasonably 33 believe that those persons would be discouraged from making 34 them to that government body if they were available for general 35 -7- LSB 1739HH (4) 84 rh/rj 7/ 29

H.F. 205 public examination. As used in this subsection , “persons 1 outside of government” does not include persons or employees 2 of persons who are communicating with respect to a consulting 3 or contractual relationship with a government body or who are 4 communicating with a government body with whom an arrangement 5 for compensation exists. Notwithstanding this provision: 6 a. (1) The communication is a public record to the extent 7 that the person outside of government making that communication 8 consents to its treatment as a public record. 9 b. (2) Information contained in the communication is a 10 public record to the extent that it can be disclosed without 11 directly or indirectly indicating the identity of the person 12 outside of government making it or enabling others to ascertain 13 the identity of that person. 14 c. (3) Information contained in the communication is a 15 public record to the extent that it indicates the date, time, 16 specific location, and immediate facts and circumstances 17 surrounding the occurrence of a crime or other illegal act, 18 except to the extent that its disclosure would plainly and 19 seriously jeopardize a continuing investigation or pose a 20 clear and present danger to the safety of any person. In any 21 action challenging the failure of the lawful custodian to 22 disclose any particular information of the kind enumerated in 23 this paragraph, the burden of proof is on the lawful custodian 24 to demonstrate that the disclosure of that information would 25 jeopardize such an investigation or would pose such a clear and 26 present danger. 27 b. This subsection does not apply to information relating to 28 applications to a government body for employment. 29 Sec. 15. Section 22.7, subsections 40, 43, and 48, Code 30 2011, are amended to read as follows: 31 40. The portion of a record request that contains an 32 internet protocol number which identifies the computer from 33 which a person requests a record, whether the person using 34 such computer makes the request through the IowAccess network 35 -8- LSB 1739HH (4) 84 rh/rj 8/ 29

H.F. 205 or directly to a lawful custodian . However, such record may 1 be released with the express written consent of the person 2 requesting the record. 3 43. Information obtained by the commissioner of insurance 4 pursuant to section 502.607 , subsection 2 . 5 48. Sex offender registry records under chapter 692A , 6 except shall only be released as provided in section 692A.121 . 7 Sec. 16. Section 22.7, subsection 52, paragraphs a and c, 8 Code 2011, are amended to read as follows: 9 a. The following records relating to a charitable donation 10 made to a foundation acting solely for the support of an 11 institution governed by the state board of regents, to a 12 foundation acting solely for the support of an institution 13 governed by chapter 260C , to a private foundation as defined 14 in section 509 of the Internal Revenue Code organized for the 15 support of a government body, or to an endow Iowa qualified 16 community foundation, as defined in section 15E.303 , organized 17 for the support of a government body : 18 (1) Portions of records that disclose a donor’s or 19 prospective donor’s personal, financial, estate planning, or 20 gift planning matters. 21 (2) Records received from a donor or prospective donor 22 regarding such donor’s prospective gift or pledge. 23 (3) Records containing information about a donor or a 24 prospective donor in regard to the appropriateness of the 25 solicitation and dollar amount of the gift or pledge. 26 (4) Portions of records that identify a prospective donor 27 and that provide information on the appropriateness of the 28 solicitation, the form of the gift or dollar amount requested 29 by the solicitor, and the name of the solicitor. 30 (5) Portions of records disclosing the identity of a donor 31 or prospective donor, including the specific form of gift 32 or pledge that could identify a donor or prospective donor, 33 directly or indirectly, when such donor has requested anonymity 34 in connection with the gift or pledge. This subparagraph does 35 -9- LSB 1739HH (4) 84 rh/rj 9/ 29

H.F. 205 not apply to a gift or pledge from a publicly held business 1 corporation. 2 c. Except as provided in paragraphs “a” and “b” , portions 3 of records relating to the receipt, holding, and disbursement 4 of gifts made for the benefit of regents institutions and 5 made through foundations established for support of regents 6 institutions, including but not limited to written fund-raising 7 policies and documents evidencing fund-raising practices, shall 8 be subject to this chapter . Unless otherwise provided, the 9 lawful custodian of all records subject to this paragraph is 10 the regents institution to be benefited by such gifts. 11 Sec. 17. Section 22.7, Code 2011, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 66. Public employment applications. 14 a. The identity and qualifications of an applicant for 15 employment by a government body if the applicant requests 16 anonymity in writing and the government body determines that 17 anonymity is necessary to induce the applicant to apply for the 18 employment position. Such information shall be exempt from 19 disclosure until an applicant is considered by the government 20 body to be a finalist for the position. For purposes of this 21 subsection, “finalist” means any applicant who is determined 22 to be among those who are under final consideration for 23 the position, and at least includes the five most qualified 24 applicants as determined by the recommending or selecting 25 authority. If there are five or fewer applicants for the 26 particular position, all of the applicants shall be considered 27 finalists for purposes of this subsection. The identities and 28 qualifications of the finalists shall be made available for 29 public inspection at least three business days prior to a final 30 employment decision. 31 b. Documents relating to a government body’s evaluation of 32 the qualifications and merits of an applicant for employment 33 by that government body. 34 Sec. 18. Section 22.10, subsection 3, paragraph b, Code 35 -10- LSB 1739HH (4) 84 rh/rj 10/ 29

H.F. 205 2011, is amended to read as follows: 1 b. Shall assess the persons who participated in its 2 violation damages in the amount of not more than five hundred 3 dollars nor and not less than one hundred dollars. However, if 4 a member of a government body knowingly participated in such a 5 violation, damages shall be in the amount of not more than two 6 thousand five hundred dollars and not less than one thousand 7 dollars. These damages shall be paid by the court imposing 8 them to the state of Iowa if the body in question is a state 9 government body, or to the local government involved if the 10 body in question is a local government body. A person found to 11 have violated this chapter shall not be assessed such damages 12 if that person proves that the person either voted did any of 13 the following: 14 (1) Voted against the action violating this chapter , 15 refused to participate in the action violating this chapter , or 16 engaged in reasonable efforts under the circumstances to resist 17 or prevent the action in violation of this chapter ; had . 18 (2) Had good reason to believe and in good faith believed 19 facts which, if true, would have indicated compliance with the 20 requirements of this chapter ; or reasonably . 21 (3) Reasonably relied upon a decision of a court or an , 22 a formal opinion of the Iowa public information board, the 23 attorney general , or the attorney for the government body , 24 given in writing, or as memorialized in the minutes of the 25 meeting at which a formal oral opinion was given, or an 26 advisory opinion of the Iowa public information board, the 27 attorney general, or the attorney for the government body, 28 given in writing . 29 Sec. 19. Section 22.10, subsection 3, paragraph d, Code 30 2011, is amended to read as follows: 31 d. Shall issue an order removing a person from office if 32 that person has engaged in a prior violation of this chapter 33 for which damages were assessed against the person during the 34 person’s term. In making this determination, the court shall 35 -11- LSB 1739HH (4) 84 rh/rj 11/ 29

H.F. 205 recognize violations for which damages were assessed by the 1 Iowa public information board created in section 23.3. 2 Sec. 20. Section 22.10, subsection 5, Code 2011, is amended 3 by striking the subsection. 4 Sec. 21. Section 22.13, Code 2011, is amended to read as 5 follows: 6 22.13 Settlements —— governmental government bodies. 7 1. A written summary of the terms of settlement, including 8 amounts of payments made to or through a claimant, or 9 other disposition of any claim for damages made against a 10 governmental government body or against an employee, officer, 11 or agent of a governmental governnment body, by an insurer 12 pursuant to a contract of liability insurance issued to 13 the governmental government body, shall be filed with the 14 governmental government body and shall be a public record. 15 2. A final binding settlement agreement between any 16 government body of this state or unit or official of such a 17 government body that resolves a legal dispute between such a 18 government body and another person or entity shall be filed 19 with the government body. For each such settlement agreement, 20 the government body shall prepare and file, together with 21 the settlement agreement, a brief summary indicating the 22 identity of the parties involved, the nature of the dispute, 23 any underlying relevant facts, and the terms of the settlement. 24 The settlement agreement and summary shall be available for 25 public inspection. 26 Sec. 22. Section 22.14, subsection 3, Code 2011, is amended 27 to read as follows: 28 3. If a fiduciary or other third party with custody of 29 public investment transactions records fails to produce public 30 records within a reasonable period of time as requested by 31 the public government body, the public government body shall 32 make no new investments with or through the fiduciary or other 33 third party and shall not renew existing investments upon their 34 maturity with or through the fiduciary or other third party. 35 -12- LSB 1739HH (4) 84 rh/rj 12/ 29

H.F. 205 The fiduciary or other third party shall be liable for the 1 penalties imposed under section 22.6 statute, common law, or 2 contract due to the acts or omissions of the fiduciary or other 3 third party and any other remedies available under statute, 4 common law, or contract . 5 Sec. 23. NEW SECTION . 22.15 Judicial branch —— rules. 6 This chapter does not apply to government records owned, 7 created, possessed, or under the control of the judicial branch 8 related to the performance by the courts of their judicial 9 functions. The supreme court shall prescribe rules governing 10 access to such records consistent with the purposes of this 11 chapter. 12 Sec. 24. NEW SECTION . 23.1 Citation and purpose. 13 This chapter may be cited as the “Iowa Public Information 14 Board Act” . The purpose of this chapter is to provide 15 an alternative means by which to secure compliance with 16 and enforcement of the requirements of chapters 21 and 22 17 through the provision by the Iowa public information board 18 to all interested parties of an efficient, informal, and 19 cost-effective process for resolving disputes. 20 Sec. 25. NEW SECTION . 23.2 Definitions. 21 1. “Board” means the Iowa public information board created 22 in section 23.3. 23 2. “Complainant” means a person who files a complaint with 24 the board. 25 3. “Complaint” means a written and signed document filed 26 with the board alleging a violation of chapter 21 or 22. 27 4. “Custodian” means a government body, government official, 28 or government employee designated as the lawful custodian of a 29 government record pursuant to section 22.1. 30 5. “Government body” means the same as defined in section 31 22.1. 32 6. “Person” means an individual, partnership, association, 33 corporation, legal representative, trustee, receiver, 34 custodian, government body, or official, employee, agency, or 35 -13- LSB 1739HH (4) 84 rh/rj 13/ 29

H.F. 205 political subdivision of this state. 1 7. “Respondent” means any agency or other unit of state or 2 local government, custodian, government official, or government 3 employee who is the subject of a complaint. 4 Sec. 26. NEW SECTION . 23.3 Board appointed. 5 1. An Iowa public information board is created consisting of 6 five members appointed by the governor, subject to confirmation 7 by the senate. Membership shall be balanced as to political 8 affiliation as provided in section 69.16 and gender as provided 9 in section 69.16A. Members appointed to the board shall serve 10 staggered, four-year terms, beginning and ending as provided by 11 section 69.19. A quorum shall consist of three members. 12 2. A vacancy on the board shall be filled by the governor by 13 appointment for the unexpired part of the term. A board member 14 may be removed from office by the governor for good cause. 15 The board shall select one of its members to serve as chair 16 and shall employ a director who shall serve as the executive 17 officer of the board. 18 Sec. 27. NEW SECTION . 23.4 Compensation and expenses. 19 Board members shall be paid a per diem as specified in 20 section 7E.6 and shall be reimbursed for actual and necessary 21 expenses incurred while on official board business. Per diem 22 and expenses shall be paid from funds appropriated to the 23 board. 24 Sec. 28. NEW SECTION . 23.5 Election of remedies. 25 1. An aggrieved person, any taxpayer to or citizen of 26 this state, the attorney general, or any county attorney may 27 seek enforcement of the requirements of chapters 21 and 22 by 28 electing either to file an action pursuant to section 17A.19, 29 21.6, or 22.10, whichever is applicable, or in the alternative, 30 to file a timely complaint with the board. 31 2. If more than one person seeks enforcement of chapter 21 32 or 22 with respect to the same incident involving an alleged 33 violation, and one or more of such persons elects to do so by 34 filing an action under section 17A.19, 21.6, or 22.10, and one 35 -14- LSB 1739HH (4) 84 rh/rj 14/ 29

H.F. 205 or more of such persons elects to do so by filing a timely 1 complaint with the board, the court in which the action is 2 filed shall dismiss the action without prejudice, authorizing 3 the complainant to file a complaint with respect to the same 4 incident with the board without regard to the timeliness of 5 the filing of the complaint at the time the action in court is 6 dismissed. 7 3. If a person files an action pursuant to section 22.8 8 seeking to enjoin the inspection of a public record, the 9 respondent or person requesting access to the record which 10 is the subject of the request for injunction may remove the 11 proceeding to the board for its determination by filing, within 12 thirty days of the commencement of the judicial proceeding, a 13 complaint with the board alleging a violation of chapter 22 in 14 regard to the same matter. 15 Sec. 29. NEW SECTION . 23.6 Board powers and duties. 16 The board shall have all of the following powers and duties: 17 1. Employ such employees as are necessary to execute its 18 authority, including administrative law judges, and attorneys 19 to prosecute respondents in proceedings before the board 20 and to represent the board in proceedings before a court. 21 Notwithstanding section 8A.412, all of the board’s employees, 22 except for the executive director and attorneys, shall be 23 employed subject to the merit system provisions of chapter 8A, 24 subchapter IV. 25 2. Adopt rules with the force of law pursuant to chapter 26 17A calculated to implement, enforce, and interpret the 27 requirements of chapters 21 and 22 and to implement any 28 authority delegated to the board by this chapter. 29 3. Issue, consistent with the requirements of section 30 17A.9, declaratory orders with the force of law determining 31 the applicability of chapter 21 or 22 to specified fact 32 situations and issue informal advice to any person concerning 33 the applicability of chapters 21 and 22. 34 4. Receive complaints alleging violations of chapter 21 35 -15- LSB 1739HH (4) 84 rh/rj 15/ 29

H.F. 205 or 22, seek resolution of such complaints through informal 1 assistance or through mediation and settlement, formally 2 investigate such complaints, decide after such an investigation 3 whether there is probable cause to believe a violation of 4 chapter 21 or 22 has occurred, and if probable cause has been 5 found prosecute the respondent before the board in a contested 6 case proceeding conducted according to the provisions of 7 chapter 17A. 8 5. Request and receive from a government body assistance 9 and information as necessary in the performance of its duties. 10 The board may examine a record of a government body that is 11 the subject matter of a complaint, including any record that 12 is confidential by law. Confidential records provided to 13 the board by a governmental body shall continue to maintain 14 their confidential status. Any member or employee of the 15 board is subject to the same policies and penalties regarding 16 the confidentiality of the document as an employee of the 17 government body. 18 6. Issue subpoenas enforceable in court for the purpose of 19 investigating complaints and to facilitate the prosecution and 20 conduct of contested cases before the board. 21 7. After appropriate board proceedings, issue orders 22 with the force of law, determining whether there has been 23 a violation of chapter 21 or 22, requiring compliance with 24 specified provisions of those chapters, imposing civil 25 penalties equivalent to and to the same extent as those damages 26 provided for in section 21.6 or 22.10, as applicable, on a 27 respondent who has been found in violation of chapter 21 or 28 22, and imposing any other appropriate remedies calculated 29 to declare, terminate, or remediate any violation of those 30 chapters. 31 8. Represent itself in judicial proceedings to enforce or 32 defend its orders and rules through attorneys on its own staff, 33 through the office of the attorney general, or through other 34 attorneys retained by the board, at its option. 35 -16- LSB 1739HH (4) 84 rh/rj 16/ 29

H.F. 205 9. Make training opportunities available to lawful 1 custodians, government bodies, and other persons subject to 2 the requirements of chapters 21 and 22 and require, in its 3 discretion, appropriate persons who have responsibilities in 4 relation to chapters 21 and 22 to receive periodic training 5 approved by the board. 6 10. Disseminate information calculated to inform members 7 of the public about the public’s right to access government 8 information in this state including procedures to facilitate 9 this access and including information relating to the 10 obligations of government bodies under chapter 21 and lawful 11 custodians under chapter 22 and other laws dealing with this 12 subject. 13 11. Prepare and transmit to the governor and to the general 14 assembly, at least annually, reports describing complaints 15 received, board proceedings, investigations, hearings 16 conducted, decisions rendered, and other work performed by the 17 board. 18 12. Make recommendations to the general assembly proposing 19 legislation relating to public access to government information 20 deemed desirable by the board in light of the policy of 21 this state to provide as much public access as possible 22 to government information as is consistent with the public 23 interest and the need to protect individuals against undue 24 invasions of personal privacy. 25 Sec. 30. NEW SECTION . 23.7 Filing of complaints with the 26 board. 27 1. The board shall adopt rules with the force of law 28 and pursuant to chapter 17A providing for the timing, form, 29 content, and means by which any aggrieved person, any taxpayer 30 to or citizen of this state, the attorney general, or any 31 county attorney may file a complaint with the board alleging 32 a violation of chapter 21 or 22. The complaint must be filed 33 within sixty days from the time the alleged violation occurred 34 or the complainant could have become aware of the violation 35 -17- LSB 1739HH (4) 84 rh/rj 17/ 29

H.F. 205 with reasonable diligence. All complaints filed with the board 1 shall be public records. 2 2. All board proceedings in response to the filing of a 3 complaint shall be conducted as expeditiously as possible. 4 3. The board shall not charge a complainant any fee in 5 relation to the filing of a complaint, the processing of a 6 complaint, or any board proceeding or judicial proceeding 7 resulting from the filing of a complaint. 8 Sec. 31. NEW SECTION . 23.8 Initial processing of 9 complaint. 10 Upon receipt of a complaint alleging a violation of chapter 11 21 or 22, the board shall do either of the following: 12 1. Determine that, on its face, the complaint is within 13 the board’s jurisdiction, appears legally sufficient, and 14 could have merit. In such a case the board shall accept 15 the complaint, and shall notify the parties of that fact in 16 writing. 17 2. Determine that, on its face, the complaint is outside 18 its jurisdiction, is legally insufficient, is frivolous, 19 is without merit, involves harmless error, or relates to a 20 specific incident that has previously been finally disposed of 21 on its merits by the board or a court. In such a case the board 22 shall decline to accept the complaint. If the board refuses 23 to accept a complaint, the board shall provide the complainant 24 with a written order explaining its reasons for the action. 25 Sec. 32. NEW SECTION . 23.9 Informal assistance —— mediation 26 and settlement. 27 1. After accepting a complaint, the board shall promptly 28 work with the parties through its employees to reach an 29 informal, expeditious resolution of the complaint. If an 30 informal resolution satisfactory to the parties cannot be 31 reached, the board or the board’s designee shall offer the 32 parties an opportunity to resolve the dispute through mediation 33 and settlement. 34 2. The mediation and settlement process shall enable the 35 -18- LSB 1739HH (4) 84 rh/rj 18/ 29