S.F. 246 Section 1. Section 21.6, subsection 3, paragraph a, Code 1 2011, is amended to read as follows: 2 a. Shall assess each member of the governmental body who 3 participated in its violation damages in the amount of not more 4 than five hundred dollars nor and not less than one hundred 5 dollars. However, if a member of a governmental body knowingly 6 participated in such a violation, damages shall be in the 7 amount of not more than two thousand five hundred dollars 8 and not less than one thousand dollars. These damages shall 9 be paid by the court imposing it to the state of Iowa, if 10 the body in question is a state governmental body, or to the 11 local government involved if the body in question is a local 12 governmental body. A member of a governmental body found to 13 have violated this chapter shall not be assessed such damages 14 if that member proves that the member did any of the following: 15 (1) Voted against the closed session. 16 (2) Had good reason to believe and in good faith believed 17 facts which, if true, would have indicated compliance with all 18 the requirements of this chapter . 19 (3) Reasonably relied upon a decision of a court , or a 20 formal opinion of the Iowa public information board, the 21 attorney general , or the attorney for the governmental body , 22 given in writing, or as memorialized in the minutes of the 23 meeting at which a formal oral opinion was given, or an 24 advisory opinion of the Iowa public information board, the 25 attorney general, or the attorney for the governmental body, 26 given in writing . 27 Sec. 2. Section 22.10, subsection 3, paragraph b, Code 2011, 28 is amended to read as follows: 29 b. Shall assess the persons who participated in its 30 violation damages in the amount of not more than five hundred 31 dollars nor and not less than one hundred dollars. However, if 32 a member of a government body knowingly participated in such a 33 violation, damages shall be in the amount of not more than two 34 thousand five hundred dollars and not less than one thousand 35 -1- LSB 1487XS (8) 84 rh/rj 1/ 12

S.F. 246 dollars. These damages shall be paid by the court imposing 1 them to the state of Iowa if the body in question is a state 2 government body, or to the local government involved if the 3 body in question is a local government body. A person found to 4 have violated this chapter shall not be assessed such damages 5 if that person proves that the person either voted did any of 6 the following: 7 (1) Voted against the action violating this chapter , 8 refused to participate in the action violating this chapter , or 9 engaged in reasonable efforts under the circumstances to resist 10 or prevent the action in violation of this chapter ; had . 11 (2) Had good reason to believe and in good faith believed 12 facts which, if true, would have indicated compliance with the 13 requirements of this chapter ; or reasonably . 14 (3) Reasonably relied upon a decision of a court or an , 15 a formal opinion of the Iowa public information board, the 16 attorney general , or the attorney for the government body , 17 given in writing, or as memorialized in the minutes of the 18 meeting at which a formal oral opinion was given, or an 19 advisory opinion of the Iowa public information board, the 20 attorney general, or the attorney for the government body, 21 given in writing . 22 Sec. 3. NEW SECTION . 23.1 Citation and purpose. 23 This chapter may be cited as the “Iowa Public Information 24 Board Act” . The purpose of this chapter is to provide 25 an alternative means by which to secure compliance with 26 and enforcement of the requirements of chapters 21 and 22 27 through the provision by the Iowa public information board 28 to all interested parties of an efficient, informal, and 29 cost-effective process for resolving disputes. 30 Sec. 4. NEW SECTION . 23.2 Definitions. 31 1. “Board” means the Iowa public information board created 32 in section 23.3. 33 2. “Complainant” means a person who files a complaint with 34 the board. 35 -2- LSB 1487XS (8) 84 rh/rj 2/ 12

S.F. 246 3. “Complaint” means a written and signed document filed 1 with the board alleging a violation of chapter 21 or 22. 2 4. “Custodian” means a government body, government official, 3 or government employee designated as the lawful custodian of a 4 government record pursuant to section 22.1. 5 5. “Government body” means the same as defined in section 6 22.1. 7 6. “Governmental body” means the same as defined in section 8 21.2. 9 7. “Person” means an individual, partnership, association, 10 corporation, legal representative, trustee, receiver, 11 custodian, government body, governmental body, or official, 12 employee, agency, or political subdivision of this state. 13 8. “Respondent” means any agency or other unit of state or 14 local government, custodian, government official, or government 15 employee who is the subject of a complaint. 16 Sec. 5. NEW SECTION . 23.3 Board appointed. 17 1. An Iowa public information board is created as an 18 independent agency consisting of the following seven members 19 appointed by the governor. 20 a. One member nominated by the Iowa broadcasters 21 association. 22 b. One member nominated by the Iowa freedom of information 23 council. 24 c. One member nominated by the Iowa newspaper association. 25 d. One member nominated by the Iowa league of cities. 26 e. One member nominated by the Iowa state association of 27 counties. 28 f. One member nominated by the Iowa association of school 29 boards. 30 g. The attorney general or the attorney general’s designee. 31 2. Appointments to the board shall not be subject to 32 sections 69.16 and 69.16A. 33 3. Members appointed to the board shall serve staggered 34 terms. 35 -3- LSB 1487XS (8) 84 rh/rj 3/ 12

S.F. 246 4. A quorum of the board shall consist of four members. 1 5. A vacancy on the board shall be filled by the governor. 2 6. The board shall select one of its members to serve as 3 chairperson and shall employ a person who shall be an attorney 4 admitted to practice law before the courts of this state to 5 serve as the executive director of the board. 6 Sec. 6. NEW SECTION . 23.4 Compensation and expenses. 7 Board members shall be paid a per diem as specified in 8 section 7E.6 and shall be reimbursed for actual and necessary 9 expenses incurred while on official board business. Per diem 10 and expenses shall be paid from funds appropriated to the 11 board. 12 Sec. 7. NEW SECTION . 23.5 Remedies. 13 1. An aggrieved person or any taxpayer or citizen of this 14 state may seek the assistance of the board in exercising rights 15 under chapters 21 and 22, other than an action commenced 16 pursuant to section 21.6 or 22.10, and request a formal opinion 17 of the board interpreting the requirements of chapters 21 and 18 22 by filing a complaint with the board. 19 2. If a person files an action pursuant to section 22.8 20 seeking to enjoin the inspection of a public record, the 21 respondent or person requesting access to the record which 22 is the subject of the request for injunction may stay the 23 proceeding for sixty days in order to obtain a formal opinion 24 of the board concerning the merits of the action. In any such 25 case, the court shall consider and address the formal opinion 26 of the board in rendering its decision. 27 Sec. 8. NEW SECTION . 23.6 Board powers and duties. 28 The board shall have all of the following powers and duties: 29 1. Employ an executive director and an assistant to the 30 executive director. 31 2. Adopt rules pursuant to chapter 17A to administer any 32 power or duty of the board under this chapter. 33 3. Issue formal opinions interpreting the requirements of 34 chapter 21 or 22 and applying the requirements to specified 35 -4- LSB 1487XS (8) 84 rh/rj 4/ 12

S.F. 246 fact situations, and issue informal advice to any person 1 concerning the requirements and applicability of chapters 21 2 and 22. Formal opinions shall be accorded recognition by the 3 courts of this state as persuasive authority. 4 4. Receive complaints alleging violations of chapter 21 5 or 22, seek resolution of such complaints through informal 6 assistance or through mediation and settlement, formally 7 investigate such complaints, find after formal investigation 8 whether there is probable cause to believe a violation of 9 chapter 21 or 22 has occurred, and if probable cause has 10 been found, issue a formal opinion stating the basis for 11 the finding. An opinion of the board issued pursuant to an 12 investigation shall be admitted into evidence in any court 13 proceeding dealing with the same matter. 14 5. Request and receive from a government body or a 15 governmental body assistance and information as necessary 16 in the performance of its duties. The board may examine a 17 record of a government body or a governmental body that is 18 the subject matter of a complaint, including any record that 19 is confidential by law. Confidential records provided to 20 the board by a government body or a governmental body shall 21 continue to maintain their confidential status. Any member 22 or employee of the board is subject to the same policies and 23 penalties regarding the confidentiality of the document as an 24 employee of the government body or the governmental body. 25 6. Issue subpoenas enforceable in court for the purpose of 26 investigating complaints before the board. 27 7. Represent itself in judicial proceedings to enforce or 28 defend its formal opinions through its executive director. 29 8. Disseminate information calculated to inform members 30 of the public about the public’s right to access government 31 information in this state including procedures to facilitate 32 this access and including information relating to the 33 obligations of governmental bodies under chapter 21 and lawful 34 custodians under chapter 22 and other laws dealing with this 35 -5- LSB 1487XS (8) 84 rh/rj 5/ 12

S.F. 246 subject. 1 9. Make training opportunities available to lawful 2 custodians, government bodies, governmental bodies, and other 3 persons subject to the requirements of chapters 21 and 22 4 and require all new employees who have responsibilities in 5 relation to chapters 21 and 22 to receive training upon initial 6 employment. The board shall require all employees to receive 7 annual training thereafter subject to criteria established by 8 the board. 9 10. Prepare and transmit to the governor and to the general 10 assembly, at least annually, reports describing complaints 11 received, board proceedings, investigations, opinions rendered, 12 and other work performed by the board. 13 11. Make recommendations to the general assembly proposing 14 legislation relating to public access to government information 15 deemed desirable by the board in light of the policy of 16 this state to provide as much public access as possible 17 to government information as is consistent with the public 18 interest. 19 Sec. 9. NEW SECTION . 23.7 Filing of complaints with the 20 board. 21 1. All complaints filed with the board shall be public 22 records. 23 2. All board proceedings in response to the filing of a 24 complaint shall be conducted as expeditiously as possible. 25 3. The board shall charge a complaint filing fee not to 26 exceed fifty dollars. This fee may be waived by the executive 27 director when imposition of the fee would constitute an 28 economic hardship for the complainant. The filing fee shall be 29 returned at the direction of the board when the complaint has 30 been established as meritorious. 31 Sec. 10. NEW SECTION . 23.8 Initial processing of complaint. 32 Upon receipt of a complaint alleging a violation of chapter 33 21 or 22, the board shall do either of the following: 34 1. Determine that, on its face, the complaint is within 35 -6- LSB 1487XS (8) 84 rh/rj 6/ 12

S.F. 246 the board’s jurisdiction, appears legally sufficient, and 1 could have merit. In such a case, the board shall accept 2 the complaint, and shall notify the parties of that fact in 3 writing. 4 2. Determine that, on its face, the complaint is not within 5 its jurisdiction, is legally insufficient, is frivolous, 6 is without merit, involves harmless error, or relates to a 7 specific incident that has previously been finally disposed of 8 on its merits by the board or a court. In such a case, the 9 board shall decline to accept the complaint. If the board 10 declines to accept a complaint, the board shall provide the 11 complainant with a written statement explaining its reasons for 12 the action. 13 Sec. 11. NEW SECTION . 23.9 Informal assistance —— mediation 14 and settlement. 15 1. After accepting a complaint, the board shall promptly 16 work with the parties through its employees to reach an 17 informal, expeditious resolution of the complaint. If an 18 informal resolution satisfactory to the parties cannot be 19 reached, the board or the board’s designee shall offer the 20 parties an opportunity to resolve the dispute through mediation 21 and settlement. 22 2. The mediation and settlement process shall enable the 23 complainant to attempt to resolve the dispute with the aid of 24 a neutral mediator employed and selected by the board, in its 25 discretion, from either its own staff or an outside source. 26 3. Mediation shall be conducted as an informal, 27 nonadversarial process and in a manner calculated to help 28 the parties reach a mutually acceptable and voluntary 29 settlement agreement. The mediator shall assist the parties in 30 identifying issues and shall foster joint problem solving and 31 the exploration of settlement alternatives. 32 Sec. 12. NEW SECTION . 23.10 Enforcement. 33 1. If any party declines mediation or settlement or if 34 mediation or settlement fails to resolve the matter to the 35 -7- LSB 1487XS (8) 84 rh/rj 7/ 12

S.F. 246 satisfaction of all parties, the board shall initiate an 1 investigation concerning the facts and circumstances set forth 2 in the complaint. The board shall, after an appropriate 3 investigation, make a determination as to whether the complaint 4 is within the board’s jurisdiction and whether there is 5 probable cause to believe that the facts and circumstances 6 alleged in the complaint constitute a violation of chapter 21 7 or 22. 8 2. If the board finds the complaint is not within the 9 board’s jurisdiction or there is no probable cause to believe 10 there has been a violation of chapter 21 or 22, the board shall 11 issue a written order explaining the reasons for the board’s 12 findings and dismissing the complaint, and shall transmit a 13 copy to the complainant and to the party against whom the 14 complaint was filed. 15 3. If the board finds the complaint is within the board’s 16 jurisdiction and there is probable cause to believe there has 17 been a violation of chapter 21 or 22, the board shall issue 18 a written opinion to that effect and refer the matter with 19 recommendation to the attorney general. 20 Sec. 13. NEW SECTION . 23.11 Jurisdiction. 21 The board shall not have jurisdiction over the judicial 22 or legislative branches of state government or any entity, 23 officer, or employee of those branches. 24 Sec. 14. IOWA PUBLIC INFORMATION BOARD —— TRANSITION 25 PROVISIONS. 26 1. The initial members of the Iowa public information board 27 created pursuant to this Act shall be appointed by August 1, 28 2011. 29 2. Notwithstanding any provision of this Act to the 30 contrary, the executive director of the board and the assistant 31 to the executive director of the board shall not be hired prior 32 to July 1, 2012. 33 3. Prior to January 1, 2012, the board shall submit a report 34 to the governor and the general assembly. The report shall 35 -8- LSB 1487XS (8) 84 rh/rj 8/ 12

S.F. 246 include a job description for the executive director of the 1 board, goals for board operations, and performance measures to 2 measure achievement of the board’s goals. 3 Sec. 15. EFFECTIVE DATE. Except for the sections of this 4 Act establishing transition provisions for the Iowa public 5 information board, this Act takes effect July 1, 2012. 6 EXPLANATION 7 This bill relates to violations of Iowa’s open records 8 (Code chapter 22) and public meetings (Code chapter 21) laws 9 including the creation of the Iowa public information board, 10 and includes effective date provisions. 11 The bill increases civil penalty damage amounts for 12 violations of the open records and public meetings laws for 13 each member of the government body or governmental body or each 14 person who knowingly participated in the violation from not 15 less than $100 and not more than $500 to not less than $1,000 16 and not more than $2,500 subject to the existing defenses 17 contained in Code sections 21.6 and 22.10. The bill retains 18 the current civil penalty damage amounts for such violations 19 for each member of the governmental body or each person who 20 otherwise participated in the violation ($100 to $500). These 21 changes also allow public bodies to rely on advice received 22 from the Iowa public information board without penalty should 23 they be subsequently found by a court to be in violation of 24 Code chapter 21 or 22. 25 The bill creates the Iowa public information board as an 26 independent agency to provide an alternative means by which to 27 secure compliance with and enforcement of the requirements of 28 Code chapters 21 and 22. 29 The board shall consist of seven members appointed by the 30 governor to be comprised of members from the Iowa broadcasters 31 association, the Iowa freedom of information council, the Iowa 32 newspaper association, the Iowa league of cities, the Iowa 33 state association of counties, the Iowa association of school 34 boards, and the attorney general or the attorney general’s 35 -9- LSB 1487XS (8) 84 rh/rj 9/ 12

S.F. 246 designee. Appointments to the board shall not be subject to 1 the political and gender balance requirements in Code sections 2 69.16 and 69.16A. The board shall select one of its members 3 to serve as chairperson and shall hire a director who shall 4 serve as the executive officer of the board. Board members 5 shall be paid a per diem and shall be reimbursed for actual and 6 necessary expenses incurred while on official board business. 7 All per diem and expense moneys paid to board members shall be 8 paid from funds appropriated to the board. The board shall not 9 have jurisdiction over the judicial or legislative branches of 10 state government or any entity, officer, or employee of those 11 branches, but the bill does not alter the current applicability 12 of Code chapters 21 and 22 and the enforcement mechanisms 13 provided in both Code chapters for violations of those Code 14 chapters. 15 The bill provides that any aggrieved person or any taxpayer 16 to or citizen of the state of Iowa may seek to exercise their 17 rights under Code chapters 21 and 22 by filing a timely 18 complaint with the board. If a person files an action seeking 19 to enjoin the inspection of a public record, the respondent or 20 person requesting access to the record which is the subject of 21 the request for injunction may stay the proceeding to bring the 22 matter before the board for its formal opinion. 23 The bill provides that the board shall have the authority 24 to execute its authority, adopt rules, interpret the 25 requirements of Code chapters 21 and 22, implement any 26 authority delegated to the board, and issue formal opinions 27 to be accorded recognition by the courts of this state as 28 persuasive authority. Such formal opinions issued pursuant to 29 an investigation by the board shall be admitted into evidence 30 in any court proceeding dealing with the same matter. The 31 board shall also have the authority to issue informal advice to 32 anyone concerning the requirements and applicability of Code 33 chapters 21 and 22, receive complaints alleging violations 34 of Code chapter 21 or 22, seek resolution of such complaints 35 -10- LSB 1487XS (8) 84 rh/rj 10/ 12

S.F. 246 through mediation and settlement, formally investigate such 1 complaints, decide after such an investigation whether there is 2 probable cause to believe a violation of Code chapter 21 or 22 3 has occurred, and if probable cause has been found, the board 4 shall issue a written opinion to that effect and refer the 5 matter to the attorney general. The board shall also have the 6 authority to issue subpoenas enforceable in court, represent 7 itself in judicial proceedings, make training opportunities 8 available, disseminate information to inform the public about 9 the public’s right to access government information, prepare 10 and transmit reports to the governor and the general assembly, 11 at least annually, describing complaints received, board 12 investigations, opinions rendered, and other work performed by 13 the board, and make recommendations to the general assembly 14 concerning legislation relating to public information access. 15 All complaints filed with the board shall be public records. 16 A filing fee of up to $50 may be charged complainants, but the 17 fee may be waived and shall be returned if the complaint is 18 found to have merit. 19 The bill provides that upon receipt of a complaint, the 20 board shall either make a determination that, on its face, the 21 complaint is within the board’s jurisdiction, appears legally 22 sufficient, and could have merit, in which case the board shall 23 accept the complaint, or make a determination that, on its 24 face, the complaint is not within the board’s jurisdiction, is 25 legally insufficient, is frivolous, is without merit, involves 26 harmless error, or relates to a specific incident that has 27 previously been finally disposed of on its merits by the board 28 or a court, in which case the board shall decline to accept the 29 complaint. If the board declines to accept the complaint, the 30 board shall provide the complainant with a written statement 31 detailing the reasons for the denial. 32 After accepting a complaint, and upon the board’s 33 determination that the matter is unlikely to be resolved with 34 the prompt informal assistance of a board employee, the board 35 -11- LSB 1487XS (8) 84 rh/rj 11/ 12

S.F. 246 shall offer the parties the opportunity to resolve the dispute 1 through mediation and settlement which shall provide the 2 complainant the opportunity to resolve the dispute with the aid 3 of a neutral mediator employed or selected by the board. 4 If any party declines mediation or settlement or if 5 mediation or settlement fails to resolve the matter to the 6 satisfaction of all parties, the board shall initiate an 7 investigation concerning the facts and circumstances set forth 8 in the complaint. After investigation, the board shall make 9 a determination as to whether the complaint is within the 10 board’s jurisdiction and whether there is probable cause to 11 believe that the complaint states a violation of Code chapter 12 21 or 22. If the board finds the complaint is not within the 13 board’s jurisdiction or there is not probable cause to believe 14 there has been a violation, the board shall issue a written 15 order explaining the reasons for the board’s conclusions and 16 dismissing the complaint. If the board finds the complaint is 17 within the board’s jurisdiction and there is probable cause 18 to believe there has been a violation, the board shall issue 19 a written opinion to that effect and refer the matter to the 20 attorney general for enforcement action. 21 The bill provides that the initial members of the board 22 shall be appointed by August 1, 2011, but the executive 23 director and assistant to the executive director shall not be 24 hired prior to July 1, 2012. The board shall submit prior to 25 January 1, 2012, a report to include a job description for the 26 executive director of the board, goals for board operations, 27 and performance measures for the board. 28 Except as otherwise provided, the bill takes effect July 1, 29 2012. 30 -12- LSB 1487XS (8) 84 rh/rj 12/ 12