House
File
2539
-
Enrolled
House
File
2539
AN
ACT
RELATING
TO
PENALTIES
ASSOCIATED
WITH
OPEN
MEETINGS
VIOLATIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
21.2,
subsection
2,
Code
2024,
is
amended
to
read
as
follows:
2.
“Meeting”
means
a
gathering
in
person
or
by
electronic
means,
formal
or
informal,
of
a
majority
of
the
members
of
a
governmental
body
where
there
is
deliberation
or
action
upon
any
matter
within
the
scope
of
the
governmental
body’s
policy-making
duties.
Meetings
shall
“Meeting”
does
not
include
a
gathering
of
members
of
a
governmental
body
for
purely
ministerial
or
social
purposes
when
there
is
no
discussion
of
policy
or
no
intent
to
avoid
the
purposes
of
this
chapter
,
or
a
gathering
including
members
of
a
local
governmental
body
that
is
hosted
or
organized
by
a
political
party,
political
candidate,
or
civic
organization
.
Sec.
2.
Section
21.6,
subsection
3,
paragraphs
a
and
d,
Code
2024,
are
amended
to
read
as
follows:
a.
Shall
assess
each
member
of
the
governmental
body
who
participated
in
its
violation
damages
in
the
amount
of
not
more
than
two
thousand
five
hundred
dollars
and
not
less
than
one
five
hundred
dollars.
However,
if
a
member
of
a
governmental
body
knowingly
participated
in
such
a
violation,
damages
shall
be
in
the
amount
of
not
more
than
two
twelve
thousand
five
hundred
dollars
and
not
less
than
one
five
thousand
dollars.
These
damages
shall
be
paid
by
the
court
imposing
House
File
2539,
p.
2
it
to
the
state
of
Iowa,
if
the
body
in
question
is
a
state
governmental
body,
or
to
the
local
government
involved
if
the
body
in
question
is
a
local
governmental
body.
A
member
of
a
governmental
body
found
to
have
violated
this
chapter
shall
not
be
assessed
such
damages
if
that
member
proves
that
the
member
did
any
of
the
following:
(1)
Voted
against
the
closed
session.
(2)
Had
good
reason
to
believe
and
in
good
faith
believed
facts
which,
if
true,
would
have
indicated
compliance
with
all
the
requirements
of
this
chapter
.
(3)
Reasonably
relied
upon
a
decision
of
a
court,
a
formal
opinion
of
the
Iowa
public
information
board,
the
attorney
general,
or
the
attorney
for
the
governmental
body,
given
in
writing,
or
as
memorialized
in
the
minutes
of
the
meeting
at
which
a
formal
oral
opinion
was
given,
or
an
advisory
opinion
of
the
Iowa
public
information
board,
the
attorney
general,
or
the
attorney
for
the
governmental
body,
given
in
writing.
d.
Shall
issue
an
order
removing
a
member
of
a
governmental
body
from
office
if
that
member
has
engaged
in
a
prior
violation
of
this
chapter
for
which
damages
were
assessed
against
the
member
during
the
member’s
term
.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2539,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor