S.F. 289 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 1488SV (3) 84 rh/rj 1/ 10

S.F. 289 record under this Code, including but not limited to section 1 22.7 law . 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, law shall not be released to 6 the 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 1488SV (3) 84 rh/rj 2/ 10

S.F. 289 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 or sale of particular real estate 6 only where premature disclosure could be reasonably expected to 7 increase the price the governmental body would have to pay for 8 that property or reduce the price the governmental body would 9 receive for that property . The minutes and the tape audio 10 recording of a session closed under this paragraph shall be 11 available for public examination when the transaction discussed 12 is completed. 13 Sec. 6. Section 21.5, subsection 4, Code 2011, is amended 14 to read as follows: 15 4. A governmental body shall keep detailed minutes of all 16 discussion, persons present, and action occurring at a closed 17 session, and shall also tape audio record all of the closed 18 session. The detailed minutes and tape audio recording of a 19 closed session shall be sealed and shall not be public records 20 open to public inspection. However, upon order of the court 21 in an action to enforce this chapter , the detailed minutes 22 and tape audio recording shall be unsealed and examined by 23 the court in camera. The court shall then determine what 24 part, if any, of the minutes should be disclosed to the 25 party seeking enforcement of this chapter for use in that 26 enforcement proceeding. In determining whether any portion of 27 the minutes or recording shall be disclosed to such a party for 28 this purpose, the court shall weigh the prejudicial effects 29 to the public interest of the disclosure of any portion of 30 the minutes or recording in question, against its probative 31 value as evidence in an enforcement proceeding. After such a 32 determination, the court may permit inspection and use of all 33 or portions of the detailed minutes and tape audio recording by 34 the party seeking enforcement of this chapter . A governmental 35 -3- LSB 1488SV (3) 84 rh/rj 3/ 10

S.F. 289 body shall keep the detailed minutes and tape audio recording 1 of any closed session for a period of at least one year from the 2 date of that meeting , except as otherwise required by law . 3 Sec. 7. Section 21.6, subsection 3, paragraph a, Code 2011, 4 is amended to read as follows: 5 a. Shall assess each member of the governmental body who 6 participated in its violation damages in the amount of not more 7 than five hundred dollars nor and not less than one hundred 8 dollars. However, if a member of a governmental body knowingly 9 participated in such a violation, damages shall be in the 10 amount of not more than two thousand five hundred dollars 11 and not less than one thousand dollars. These damages shall 12 be paid by the court imposing it to the state of Iowa, if 13 the body in question is a state governmental body, or to the 14 local government involved if the body in question is a local 15 governmental body. A member of a governmental body found to 16 have violated this chapter shall not be assessed such damages 17 if that member proves that the member did any of the following: 18 (1) Voted against the closed session. 19 (2) Had good reason to believe and in good faith believed 20 facts which, if true, would have indicated compliance with all 21 the requirements of this chapter . 22 (3) Reasonably relied upon a decision of a court , or a 23 formal opinion of the attorney general , or the attorney for 24 the governmental body , given in writing, or as memorialized in 25 the minutes of the meeting at which a formal oral opinion was 26 given, or an advisory opinion of the attorney general or the 27 attorney for the governmental body, given in writing . 28 Sec. 8. Section 22.7, subsection 7, Code 2011, is amended 29 to read as follows: 30 7. Appraisals or appraisal information concerning the sale 31 or purchase of real or personal property for public purposes, 32 prior to public announcement of a project the execution of any 33 contract for such sale or the submission of the appraisal to 34 the property owner or other interest holders as provided in 35 -4- LSB 1488SV (3) 84 rh/rj 4/ 10

S.F. 289 section 6B.45 . 1 Sec. 9. Section 22.7, subsection 10, Code 2011, is amended 2 by striking the subsection. 3 Sec. 10. Section 22.7, subsection 11, Code 2011, is amended 4 to read as follows: 5 11. a. Personal information in confidential personnel 6 records of public government bodies including but not limited 7 to cities, boards of supervisors and school districts relating 8 to identified or identifiable individuals who are officials, 9 officers, or employees of the government bodies . However, the 10 following information relating to such individuals contained in 11 personnel records shall be public records: 12 (1) The name and compensation of the individual including 13 any written agreement establishing compensation or any other 14 terms of employment excluding any information otherwise 15 excludable from public information pursuant to this section or 16 any other applicable provision of law. For purposes of this 17 paragraph, “compensation” means payment of, or agreement to pay, 18 any money, thing of value, or financial benefit conferred in 19 return for labor or services rendered by an official, officer, 20 or employee plus the value of benefits conferred including but 21 not limited to casualty, disability, life, or health insurance, 22 other health or wellness benefits, vacation, holiday, and sick 23 leave, severance payments, retirement benefits, and deferred 24 compensation. 25 (2) The dates the individual was employed by the government 26 body. 27 (3) The positions the individual holds or has held with the 28 government body. 29 (4) The educational institutions attended by the 30 individual, including any diplomas and degrees earned, and 31 the names of the individual’s previous employers, positions 32 previously held, and dates of previous employment. 33 (5) The fact that the individual was discharged as the 34 result of a final disciplinary action upon the exhaustion of 35 -5- LSB 1488SV (3) 84 rh/rj 5/ 10

S.F. 289 all applicable contractual, legal, and statutory remedies. 1 b. Personal information in confidential personnel records of 2 government bodies relating to student employees shall only be 3 released pursuant to 20 U.S.C. § 1232g. 4 Sec. 11. Section 22.10, subsection 3, paragraph b, Code 5 2011, is amended to read as follows: 6 b. Shall assess the persons who participated in its 7 violation damages in the amount of not more than five hundred 8 dollars nor and not less than one hundred dollars. However, if 9 a person knowingly participated in such a violation, damages 10 shall be in the amount of not more than two thousand five 11 hundred dollars and not less than one thousand dollars. These 12 damages shall be paid by the court imposing them to the state 13 of Iowa if the body in question is a state government body, 14 or to the local government involved if the body in question 15 is a local government body. A person found to have violated 16 this chapter shall not be assessed such damages if that person 17 proves that the person either voted did any of the following: 18 (1) Voted against the action violating this chapter , 19 refused to participate in the action violating this chapter , or 20 engaged in reasonable efforts under the circumstances to resist 21 or prevent the action in violation of this chapter ; had . 22 (2) Had good reason to believe and in good faith believed 23 facts which, if true, would have indicated compliance with the 24 requirements of this chapter ; or reasonably . 25 (3) Reasonably relied upon a decision of a court or an , a 26 formal opinion of the attorney general , or the attorney for 27 the government body , given in writing, or as memorialized in 28 the minutes of the meeting at which a formal oral opinion was 29 given, or an advisory opinion of the attorney general or the 30 attorney for the government body, given in writing . 31 Sec. 12. Section 22.10, subsection 5, Code 2011, is amended 32 by striking the subsection. 33 Sec. 13. Section 22.13, Code 2011, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -6- LSB 1488SV (3) 84 rh/rj 6/ 10

S.F. 289 22.13 Settlements —— government bodies. 1 When a government body or a unit or official of a government 2 body reaches a final, binding, written settlement agreement 3 that resolves a legal dispute claiming monetary damages, 4 equitable relief, or a violation of a rule or statute, the 5 government body shall, upon request and to the extent allowed 6 under applicable law, prepare a brief summary of the resolution 7 of the dispute indicating the identity of the parties involved, 8 the nature of the dispute, and the terms of the settlement, 9 including any payments made by or on behalf of the government 10 body and any actions to be taken by the government body. A 11 government body is not required to prepare a summary if the 12 settlement agreement includes the information required to be 13 included in the summary. The settlement agreement and any 14 required summary shall be a public record. 15 Sec. 14. Section 22.14, subsection 3, Code 2011, is amended 16 to read as follows: 17 3. If a fiduciary or other third party with custody of 18 public investment transactions records fails to produce public 19 records within a reasonable period of time as requested by the 20 public body, the public body shall make no new investments 21 with or through the fiduciary or other third party and shall 22 not renew existing investments upon their maturity with or 23 through the fiduciary or other third party. The fiduciary or 24 other third party shall be liable for the penalties imposed 25 under section 22.6 statute, common law, or contract due to the 26 acts or omissions of the fiduciary or other third party and 27 any other remedies available under statute, common law, or 28 contract . 29 Sec. 15. Section 455K.4, subsection 4, Code 2011, is amended 30 to read as follows: 31 4. Information that is disclosed under subsection 2 , 32 paragraph “b” , is confidential and is not subject to disclosure 33 under chapter 22 . A governmental entity, governmental 34 employee, or governmental official who discloses information in 35 -7- LSB 1488SV (3) 84 rh/rj 7/ 10

S.F. 289 violation of this subsection is subject to the penalty provided 1 in section 22.6 . 2 Sec. 16. REPEAL. Section 22.6, Code 2011, is repealed. 3 Sec. 17. EFFECTIVE UPON ENACTMENT. This Act, being deemed 4 of immediate importance, takes effect upon enactment. 5 EXPLANATION 6 This bill relates to Iowa’s Open Meetings Law (Code chapter 7 21) and Iowa’s Open Records Law (Code chapter 22). 8 MEETINGS. The bill provides that except as otherwise 9 provided, a reconvened meeting of a governmental body is also 10 subject to the meeting notice requirements pursuant to Code 11 section 21.4. This requirement does not apply to a meeting of 12 a governmental body that is reconvened within four hours of the 13 start of its recess, where an announcement of the time, date, 14 and place of the reconvened meeting is made at the original 15 meeting in open session and recorded in the minutes of the 16 meeting and there is no change in the agenda. The notice 17 requirement also does not apply to a meeting held by a formally 18 constituted subunit of a parent governmental body during a 19 lawful meeting of the parent governmental body or during a 20 recess in that meeting of up to four hours, or a meeting of 21 that subunit immediately following the meeting of the parent 22 governmental body, if the meeting of the subunit is publicly 23 announced in open session at the parent meeting and the subject 24 of the meeting reasonably coincides with the subjects discussed 25 or acted upon by the parent governmental body. The bill also 26 changes all references relating to “tape” recordings of closed 27 meetings to “audio” recordings. 28 CIVIL AND CRIMINAL PENALTY PROVISIONS. The bill increases 29 the civil penalty damage amounts for violations of the open 30 meetings and public records laws for each member of the 31 governmental body or each person who knowingly participated in 32 the violation from not less than $100 and not more than $500 to 33 not less than $1,000 and not more than $2,500 subject to the 34 existing defenses contained in Code sections 21.6 and 22.10. 35 -8- LSB 1488SV (3) 84 rh/rj 8/ 10

S.F. 289 The bill retains the current civil penalty damage amounts for 1 such violations for each member of the governmental body or 2 each person who participated in the violation ($100 to $500). 3 The bill repeals the criminal penalty provision for knowing 4 violations or attempts to violate any provisions of the public 5 records law. 6 APPRAISAL INFORMATION. Current law provides that appraisal 7 or appraisal information concerning the purchase of real 8 or personal property for public purposes, prior to public 9 announcement of a project, shall be confidential. The bill 10 amends this law to provide that such information shall remain 11 confidential prior to execution of any contract for such sale 12 or the submission of the appraisal to the property owner or 13 other interest holders as provided in Code section 6B.45. 14 PERSONAL INFORMATION IN CONFIDENTIAL PERSONNEL RECORDS. 15 Current law provides that personal information in confidential 16 personnel records of government bodies shall be confidential, 17 unless otherwise ordered by a court, by the lawful custodian, 18 or by another duly authorized person to release such 19 information. The bill specifies that the name and compensation 20 of the individual, the date the individual was employed by the 21 government body, the positions the individual holds or has held 22 with the government body, the individual’s qualifications for 23 the position that the individual holds or has held including 24 but not limited to educational background and work experience 25 and the fact that the individual was discharged as a result 26 of a final disciplinary action upon the exhaustion of all 27 applicable contractual, legal, and statutory remedies shall be 28 public records. 29 SETTLEMENT AGREEMENTS. Code chapter 22 currently provides 30 that a written summary of the terms of settlement or other 31 disposition of any claim for damages made against any 32 government body or against an employee, officer, or agent of 33 a government body, by an insurer pursuant to a contract of 34 liability insurance issued to the government body, shall be 35 -9- LSB 1488SV (3) 84 rh/rj 9/ 10

S.F. 289 filed with the government body and shall be a public record. 1 The bill provides that when a government body or a unit or 2 official of a government body reaches a final, binding, written 3 settlement agreement that resolves a legal dispute claiming 4 monetary damages, equitable relief, or a violation of a rule 5 or statute, the government body shall, upon request and to the 6 extent allowed under applicable law, prepare a brief summary 7 of the resolution of the dispute indicating the identity of 8 the parties involved, the nature of the dispute, and the terms 9 of the settlement, including any payments made by or on behalf 10 of the government body and any actions to be taken by the 11 government body. A government body is not required to prepare 12 a summary if the settlement agreement includes the information 13 required to be included in the summary. The settlement 14 agreement and any required summary shall be a public record. 15 EFFECTIVE DATE. The bill takes effect upon enactment. 16 -10- LSB 1488SV (3) 84 rh/rj 10/ 10