House File 2363 - Reprinted HOUSE FILE 2363 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 2226) (As Amended and Passed by the House March 2, 2016 ) A BILL FOR An Act relating to member attendance and confidentiality 1 at a closed session of a governmental body and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2363 (3) 86 rh/ec/md
H.F. 2363 Section 1. Section 21.5, Code 2016, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 3A. A governmental body shall not exclude 3 a member of the governmental body from attending a closed 4 session, unless the member’s attendance at the closed session 5 creates a conflict of interest for the member due to the 6 specific reason announced as justification for holding the 7 closed session. 8 NEW SUBSECTION . 3B. A member of a governmental body shall 9 keep confidential all information relating to all discussions 10 and action occurring at a closed session which relate to the 11 specific reason announced as justification for the closed 12 session. 13 Sec. 2. Section 21.6, subsection 1, Code 2016, is amended 14 to read as follows: 15 1. The remedies provided by this section against state 16 governmental bodies and members of governmental bodies shall be 17 in addition to those provided by section 17A.19 . Any aggrieved 18 person, taxpayer to, or citizen of, the state of Iowa, or 19 the attorney general or county attorney, may seek judicial 20 enforcement of the requirements of this chapter . Suits to 21 enforce this chapter shall be brought in the district court for 22 the county in which the governmental body has its principal 23 place of business. 24 Sec. 3. Section 21.6, Code 2016, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 3A. In addition to any other penalties 27 provided for in this chapter, upon a finding by a preponderance 28 of the evidence that a member of a governmental body has 29 violated section 21.5, subsection 3B, a court shall assess the 30 member damages in the amount of not more than one thousand 31 dollars. 32 -1- HF 2363 (3) 86 rh/ec/md 1/ 1