House
Study
Bill
216
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
BILL
BY
CHAIRPERSON
KOESTER)
A
BILL
FOR
An
Act
allowing
the
office
of
citizens’
aide
and
the
Iowa
1
public
information
board
access
to
the
minutes
and
audio
2
recording
of
a
closed
session
in
the
performance
of
their
3
duties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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_____
Section
1.
Section
21.5,
subsection
4,
Code
2013,
is
amended
1
to
read
as
follows:
2
4.
a.
A
governmental
body
shall
keep
detailed
minutes
of
3
all
discussion,
persons
present,
and
action
occurring
at
a
4
closed
session,
and
shall
also
audio
record
all
of
the
closed
5
session.
6
b.
The
detailed
minutes
and
audio
recording
of
a
closed
7
session
shall
be
sealed
and
shall
not
be
public
records
open
8
to
public
inspection.
However,
upon
order
of
the
court
in
9
an
action
to
enforce
this
chapter
,
the
detailed
minutes
and
10
audio
recording
shall
be
unsealed
and
examined
by
the
court
11
in
camera.
The
court
shall
then
determine
what
part,
if
12
any,
of
the
minutes
should
be
disclosed
to
the
party
seeking
13
enforcement
of
this
chapter
for
use
in
that
enforcement
14
proceeding.
In
determining
whether
any
portion
of
the
15
minutes
or
recording
shall
be
disclosed
to
such
a
party
for
16
this
purpose,
the
court
shall
weigh
the
prejudicial
effects
17
to
the
public
interest
of
the
disclosure
of
any
portion
of
18
the
minutes
or
recording
in
question,
against
its
probative
19
value
as
evidence
in
an
enforcement
proceeding.
After
such
20
a
determination,
the
court
may
permit
inspection
and
use
of
21
all
or
portions
of
the
detailed
minutes
and
audio
recording
by
22
the
party
seeking
enforcement
of
this
chapter
.
A
governmental
23
body
shall
keep
the
detailed
minutes
and
audio
recording
of
any
24
closed
session
for
a
period
of
at
least
one
year
from
the
date
25
of
that
meeting,
except
as
otherwise
required
by
law.
This
26
paragraph
does
not
require
the
office
of
citizens’
aide
or
the
27
Iowa
public
information
board
to
obtain
a
court
order
for
the
28
purpose
of
inspecting
the
detailed
minutes
and
audio
record
of
29
a
closed
session
in
the
performance
of
their
duties
or
under
30
chapter
2C.
31
EXPLANATION
32
Under
current
law,
meetings
of
a
governmental
body
under
33
Iowa’s
open
meetings
law
(Code
chapter
21)
shall
be
preceded
34
by
public
notice
and
shall
be
held
in
open
session.
A
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_____
governmental
body
may
hold
a
closed
session
under
certain
1
circumstances
and
the
minutes
and
audio
recording
of
a
closed
2
session
are
not
accessible
to
the
public
unless
the
person
3
seeking
access
to
the
records
files
an
action
in
court.
4
This
bill
provides
that
the
office
of
citizens’
aide
and
5
the
Iowa
public
information
board
are
not
required
to
obtain
6
a
court
order
to
inspect
the
minutes
and
audio
recording
of
a
7
closed
session
in
the
performance
of
their
duties
under
Code
8
chapter
2C.
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