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House File 2062 - IntroducedA Bill ForAn Act 1relating to open meetings and open records, providing
2penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 21.6, subsection 3, paragraphs a and d,
2Code 2024, are amended to read as follows:
3a. Shall assess each member of the governmental body who
4participated in its violation damages in the amount of not
5more than five hundred thousand dollars and not less than
6one hundred thousand dollars. However, if a member of a
7governmental body knowingly participated in such a violation,
8damages shall be in the amount of not more than two thousand
9five hundred twenty-five thousand dollars and not less than one
10 ten thousand dollars. These damages shall be paid by the court
11imposing it to the state of Iowa, if the body in question is a
12state governmental body, or to the local government involved if
13the body in question is a local governmental body. A member of
14a governmental body found to have violated this chapter shall
15not be assessed such damages if that member proves that the
16member did any of the following:
17(1) Voted against the closed session.
18(2) Had good reason to believe and in good faith believed
19facts which, if true, would have indicated compliance with all
20the requirements of this chapter.
21(3) Reasonably relied upon a decision of a court, a formal
22opinion of the Iowa public information board, the attorney
23general, or the attorney for the governmental body, given in
24writing, or as memorialized in the minutes of the meeting at
25which a formal oral opinion was given, or an advisory opinion
26of the Iowa public information board, the attorney general, or
27the attorney for the governmental body, given in writing.
28d. Shall issue an order removing a member of a governmental
29body from office if that member has engaged in a prior
30violation of this chapter for which damages were assessed
31against the member during the member’s term.
32 Sec. 2. NEW SECTION. 21.12 Member education course
33required.
34Upon election or appointment to a governmental body, a
35person shall complete an educational course provided by the
-1-1governmental body on the provisions of chapters 21 and 22 that
2are relevant to the person’s position.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6Under current law, a court is required to assess a person
7who participated in a violation of Code chapter 21 (open
8meetings) damages between $100 and $500. This bill increases
9the damages to between $1,000 and $5,000. Under current law,
10if a violation was knowingly committed, a court is required to
11assess the person damages between $1,000 and $2,500. The bill
12increases the damages to between $10,000 and $25,000.
13The bill requires a court to issue an order removing a member
14of a governmental body from office if that member has engaged
15in a prior violation of Code chapter 21 regardless of whether
16damages were assessed against the member during the member’s
17term, which is a prerequisite to removal under current law.
18The bill requires members elected or appointed to a
19governmental body to take an educational course provided by
20the governmental body on the provisions of Code chapter 21
21and Code chapter 22 (open records) that are relevant to the
22member’s position. By operation of law, failing to take such
23an educational course is a violation of Code chapter 21 and
24subjects the person to the penalties provided in Code section
2521.6.
-2-cm/ns
2penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 21.6, subsection 3, paragraphs a and d,
2Code 2024, are amended to read as follows:
3a. Shall assess each member of the governmental body who
4participated in its violation damages in the amount of not
5more than five hundred thousand dollars and not less than
6one hundred thousand dollars. However, if a member of a
7governmental body knowingly participated in such a violation,
8damages shall be in the amount of not more than two thousand
9five hundred twenty-five thousand dollars and not less than one
10 ten thousand dollars. These damages shall be paid by the court
11imposing it to the state of Iowa, if the body in question is a
12state governmental body, or to the local government involved if
13the body in question is a local governmental body. A member of
14a governmental body found to have violated this chapter shall
15not be assessed such damages if that member proves that the
16member did any of the following:
17(1) Voted against the closed session.
18(2) Had good reason to believe and in good faith believed
19facts which, if true, would have indicated compliance with all
20the requirements of this chapter.
21(3) Reasonably relied upon a decision of a court, a formal
22opinion of the Iowa public information board, the attorney
23general, or the attorney for the governmental body, given in
24writing, or as memorialized in the minutes of the meeting at
25which a formal oral opinion was given, or an advisory opinion
26of the Iowa public information board, the attorney general, or
27the attorney for the governmental body, given in writing.
28d. Shall issue an order removing a member of a governmental
29body from office if that member has engaged in a prior
30violation of this chapter for which damages were assessed
31against the member during the member’s term.
32 Sec. 2. NEW SECTION. 21.12 Member education course
33required.
34Upon election or appointment to a governmental body, a
35person shall complete an educational course provided by the
-1-1governmental body on the provisions of chapters 21 and 22 that
2are relevant to the person’s position.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6Under current law, a court is required to assess a person
7who participated in a violation of Code chapter 21 (open
8meetings) damages between $100 and $500. This bill increases
9the damages to between $1,000 and $5,000. Under current law,
10if a violation was knowingly committed, a court is required to
11assess the person damages between $1,000 and $2,500. The bill
12increases the damages to between $10,000 and $25,000.
13The bill requires a court to issue an order removing a member
14of a governmental body from office if that member has engaged
15in a prior violation of Code chapter 21 regardless of whether
16damages were assessed against the member during the member’s
17term, which is a prerequisite to removal under current law.
18The bill requires members elected or appointed to a
19governmental body to take an educational course provided by
20the governmental body on the provisions of Code chapter 21
21and Code chapter 22 (open records) that are relevant to the
22member’s position. By operation of law, failing to take such
23an educational course is a violation of Code chapter 21 and
24subjects the person to the penalties provided in Code section
2521.6.
-2-cm/ns