HF 2638 (LSB 5875HV (2) 91)

HOUSE FILE 2638

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HF 2388)

A BILL FOR

An Act relating to public records, including employment separation information for certain government employees, contractors, or appointees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, subsection 11, paragraph a, Code 2026, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (6)  The last date the individual, who resigned from or was discharged by the government body, performed work or actively carried out essential functions of the position, regardless of whether the information is contained in a written document, contract, agreement, or arrangement.
   NEW SUBPARAGRAPH.  (7)  The amount of moneys and public benefits provided to the individual for any continuation of pay, severance, or other compensation or benefits in excess of the amounts owed for work performed by the individual prior to the individual’s last day as an employee, contractor, or appointee for the government body, regardless of whether the information is contained in a written document, contract, agreement, or arrangement.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person has the right to examine and copy a public record. Code section 22.7 provides a list of public records that must be kept confidential unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information, including personal information in confidential personnel records of government bodies. However, Code section 22.7(11) provides that certain personal information in confidential personnel records is considered a public record.
   This bill further specifies that certain personal information in confidential personnel records regarding the separation of government employees, contractors, or appointees is a public record, regardless of whether the information is set forth in a written document, contract, agreement, or arrangement. Such information includes the last date of work and any moneys or benefits provided beyond compensation for work performed prior to the individual’s last day as an employee, contractor, or appointee for the government body.