Senate
File
82
-
Introduced
SENATE
FILE
82
BY
JOCHUM
A
BILL
FOR
An
Act
allowing
the
Iowa
public
information
board
and
the
1
office
of
ombudsman
access
in
the
performance
of
their
2
duties
to
the
minutes
and
audio
recording
of
a
closed
3
session.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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82
Section
1.
Section
21.5,
subsection
4,
Code
2015,
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.
26
(1)
This
paragraph
“b”
does
not
require
the
Iowa
public
27
information
board
to
obtain
a
court
order
to
examine
the
28
detailed
minutes
and
audio
recording
of
a
closed
session
for
29
the
purpose
of
resolving
a
complaint
alleging
a
violation
of
30
this
chapter.
Any
portion
of
the
minutes
or
recording
released
31
by
a
governmental
body
to
the
Iowa
public
information
board
32
shall
remain
confidential
pursuant
to
section
23.6,
subsection
33
6.
34
(2)
This
paragraph
“b”
does
not
require
the
office
of
35
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S.F.
82
ombudsman
to
obtain
a
court
order
to
examine
the
detailed
1
minutes
and
audio
recording
of
a
closed
session
when
such
2
examination
is
relevant
to
an
investigation
under
chapter
2C
3
and
the
information
sought
is
not
available
through
other
4
reasonable
means.
Any
portion
of
the
minutes
or
recording
5
released
by
a
governmental
body
to
the
Iowa
public
information
6
board
shall
remain
confidential
pursuant
to
section
2C.9.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
Under
current
law,
meetings
of
a
governmental
body
under
11
Iowa’s
open
meetings
law
(Code
chapter
21)
are
required
to
be
12
preceded
by
public
notice
and
shall
be
held
in
open
session.
13
A
governmental
body
may
hold
a
closed
session
under
certain
14
circumstances
and
the
minutes
and
audio
recording
of
a
closed
15
session
are
not
accessible
to
the
public
unless
the
person
16
seeking
access
to
the
records
files
an
action
in
court.
17
This
bill
provides
that
the
Iowa
public
information
board
18
is
not
required
to
obtain
a
court
order
to
examine
the
minutes
19
and
audio
recording
of
a
closed
session
for
the
purpose
20
of
resolving
complaints
alleging
violations
of
Iowa’s
open
21
meetings
law.
Similarly,
the
office
of
ombudsman
is
not
22
required
to
obtain
a
court
order
to
examine
the
minutes
and
23
audio
recording
of
a
closed
session
when
such
examination
is
24
relevant
to
an
investigation
under
Code
chapter
2C
(ombudsman’s
25
office)
and
the
information
is
not
available
through
other
26
means.
27
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