House Study Bill 136



                                      HOUSE FILE       
                                      BY  (PROPOSED COMMITTEE ON
                                           STATE GOVERNMENT BILL
                                           BY CHAIRPERSON ELGIN)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to violations of the open meetings and open
  2    records law by a member of a governmental body, the lawful
  3    custodian of a public record, or any other appropriate person.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2025HC 81
  6 rh/sh/8

PAG LIN



  1  1    Section 1.  Section 21.6, subsection 3, paragraph d, Code
  1  2 2005, is amended to read as follows:
  1  3    d.  Shall issue an order removing a member of a
  1  4 governmental body from office if that member has engaged done
  1  5 either of the following:
  1  6    (1)  Intentionally acted contrary to a formal opinion of
  1  7 the attorney general or the advice of the attorney for the
  1  8 governmental body, where such opinion or advice concluded that
  1  9 the action taken would be a violation of this chapter.
  1 10    (2)  Engaged in two a prior violations violation of this
  1 11 chapter for which damages were assessed against the member
  1 12 during the member's term.
  1 13    Sec. 2.  Section 22.10, subsection 3, paragraph d, Code
  1 14 2005, is amended to read as follows:
  1 15    d.  Shall issue an order removing a person from office or
  1 16 terminating the person's governmental employment if that
  1 17 person has engaged done either of the following:
  1 18    (1)  Intentionally acted contrary to a formal opinion of
  1 19 the attorney general or the advice of the attorney for the
  1 20 governmental body, where such opinion or advice concluded that
  1 21 the action taken would be a violation of this chapter.
  1 22    (2)  Engaged in two a prior violations violation of this
  1 23 chapter for which damages were assessed against the person
  1 24 during the person's term.
  1 25                           EXPLANATION
  1 26    This bill relates to violations of the open meetings and
  1 27 open records law by a member of a governmental body, the
  1 28 lawful custodian of a public record, or any other appropriate
  1 29 persons.
  1 30    The bill provides that a court shall issue an order
  1 31 removing a member of a governmental body or a lawful custodian
  1 32 of a public record from the person's office or terminating the
  1 33 employment of any other appropriate person in the office of
  1 34 the lawful custodian upon a finding by a preponderance of the
  1 35 evidence that the person has intentionally acted contrary to a
  2  1 formal opinion of the attorney general or the advice of the
  2  2 attorney for the governmental body, where such opinion or
  2  3 advice concluded that the action taken would be a violation of
  2  4 either the public records or open meetings law, or where the
  2  5 member or person engaged in a prior violation of either the
  2  6 public records or open meetings law for which damages were
  2  7 assessed against the member during the member's term or
  2  8 against the person during the person's term.
  2  9 LSB 2025HC 81
  2 10 rh:nh/sh/8