Photo of Davenport skyline is by WeaponizingArchitecture and available via Wikimedia Commons

The Iowa House has overwhelmingly passed a bill designed to improve local government compliance with the state’s open meetings and open records laws.

House File 2539, approved by 92 votes to 2 on February 22, would increase fines for members of a local government body who participated in an open meetings violation, from the current range of $100 to $500 to a range of $500 to $2,500. Penalties would be greater for those who “knowingly” participated in the violation: each could be fined between $5,000 and $12,500, compared to $1,000 to $2,500 under current law.

The bill would also require all elected or appointed public officials to complete a one- to two-hour training course on Iowa’s open meetings and open records laws (known as Chapter 21 and Chapter 22). The Iowa Public Information Board would provide the training, which officials would need to complete within 90 days of being elected, appointed, or sworn in.

The Iowa Public Information Board will continue to weigh options for giving government bodies more tools to deal with people who allegedly use public records requests in a harassing way.

Discussion during the board’s September 21 meeting revealed sharp differences of opinion over the proper role for the state board, which is charged with providing guidance and resolving disputes over Iowa’s open records and open meetings laws. Board members agreed to have a committee gather more information before deciding whether to proceed with a legislative proposal giving government bodies a way to have troublesome individuals declared “vexatious requesters.”

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

Many decades ago, Mrs. Gentry and Mr. Halferty put up with an inquisitive kid’s classroom questions about American democracy and the workings of government.

I did not imagine back then how the meaning of some words could take on such importance in government. Take, for example, a much-talked-about word in Iowa last week, vexatious. It means abrasive, aggravating, annoying, irritating or nettlesome.

Whether you vote for Democrats, Republicans or Whigs, everyone should have access to government records that are not confidential. That is a way for you to understand what your state and local government is doing.

The Iowa Public Information Board will consider options for government bodies to deal with individuals who file “excessive and abusive” public records requests. During a September 15 telephonic meeting of the board’s legislative committee, members E.J. Giovannetti and Barry Lindahl tabled proposed legislation that would allow governments to have some people declared “vexatious requesters.”

But they agreed to put the topic on the agenda for the full board, which could adopt an advisory opinion for dealing with burdensome records requests, or could ask the state legislature to address the issue.

Prior to the meeting, the Iowa Freedom of Information Council warned Iowa Public Information Board members that the proposed changes to Iowa Code would “seriously erode” the state’s open records law and would violate the constitution while trying to solve a “nonexistent problem.”

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

These are challenging times for Iowa’s 327 public school districts. 

They are being watched closely by state officials and lawmakers, by parents and by others in the community. These eyes are looking for signs schools are treading lightly on topics like racial history and sexual orientation or that schools are being distracted from dealing with unruly kids who disrupt other students’ learning.

With this heightened scrutiny, some districts are doing themselves a disservice when they try to keep the public in the dark.

Here’s a real-life example. It illustrates my belief government will never build trust and confidence with its constituents when government leaders engage in secrecy and deception. This episode is also a case study of how a state government board dealing exclusively with transparency issues can be too timid. 

Randy Evans can be reached at DMRevans2810@gmail.com. 

Every few months, someone is killed or injured by police somewhere in the United States under circumstances that lead to inevitable questions about what exactly occurred.

Typically, answers come when video from the law officers’ squad car cameras or their uniform cameras is made public. Each time this occurs, there are two inescapable conclusions:

First, police in most states realize it is their obligation to release this video. They know that public faith and respect for law officers will suffer if citizens and journalists are prevented from viewing the footage, especially when an incident results in death or injury, most notably when the person was not armed.

And second, each time such video is released somewhere in the United States, it becomes obvious Iowa is out of step with most other states — because in Iowa, law enforcement agencies and government attorneys insist the video must forever remain off-limits because it is part of a confidential investigative file.

UPDATE: On March 30, Iowa Senate leaders placed House File 350 on the “unfinished business” calendar, keeping it alive for the 2023 legislative session. However, House File 333 is dead for this year. Original post follows.

The Iowa House has unanimously approved a bill designed to improve the process for those seeking public records from government bodies.

House File 350 would add new language to the open records law, known as Chapter 22, requiring government bodies to “promptly acknowledge” requests for public records and provide contact information for the person designated to handle the request.

The records custodian would also have to provide an “approximate date” for producing the records and an estimate for the cost involved in compiling and reviewing them. Finally, the custodian would need to inform the person seeking records “of any expected delay” in providing them.

The Iowa Public Information Board, which is charged with enforcing the state’s sunshine laws, proposed the bill using language that closely follows one of the board’s advisory opinions.

The goal is to address a recurring problem: some government bodies ignore records requests for weeks or months, leaving members of the public with no idea when or whether they will receive the material. For instance, Clark Kauffman of Iowa Capital Dispatch and Bleeding Heartland guest author Rachel Bruns both experienced lengthy delays when seeking information from the Iowa Department of Public Health.

The Iowa Public Information Board is advising records custodians to acknowledge public records requests “within the first few business days of receipt,” and to provide information at that time on possible fees and a timeline for producing the records.

The board approved an advisory opinion on “Timeliness of responding to record requests” during an August 18 meeting, where members also voted not to proceed with draft administrative rules on open records requests.

Representatives of government bodies and some state legislators had pushed back against the draft rules, released in July. In particular, some objected that the board lacked authority to issue a rule stating custodians “must acknowledge” receipt of records requests within two business days. (Iowa’s open records law, known as Chapter 22, sets no such deadline.) Some public comments also argued it would be unworkable to require governments to acknowledge requests received through social media.

Herb Strentz discusses the disappointing work of the Iowa Public Information Board, which was created ten years ago to enforce the state’s open meetings and records laws.

Question: Should “We the people” of Iowa pay for our government not telling us what it is doing?

Answer: The question is rhetorical, because we already do so—even though as a matter of principle and given the intent of Iowa’s Sunshine laws, we should not.

The center of this Q&A is the Iowa Public Information Board (IPIB). When created in 2012, after years of work with state lawmakers, the board was heralded. The concept was, challenges to government secrecy would be subject to quick, inexpensive answers. No need to hire a lawyer to represent your concerns.

But two good commentaries illustrate how those dreams were more like delusions.

UPDATE: The Iowa Public Information Board voted on August 18 not to proceed with these draft rules. They may look at open records rules again in the future but did not schedule a date for beginning the process. Original post follows.

The Iowa Public Information Board will not move forward with proposed administrative rules regarding open records requests, the board’s executive director Margaret Johnson told members of the Iowa legislature’s Administrative Rules Review Committee on July 19. Instead, the board’s rules committee will consider feedback next month and put the matter on the agenda for the full board’s September meeting.

Board members have not yet determined whether to let the proposed rule die by taking no action, or whether to post a formal notice of termination. Nor have they decided whether to draft a new version of open records rules after scrapping their first effort.

Johnson said the board had heard from eight speakers at a public hearing on July 11 and received nineteen written comments on the draft rule. (Board staff provided copies of those comments to Bleeding Heartland.)

When summarizing for state lawmakers the criticism the information board received, Johnson did not mention transparency advocates’ concerns about language that would create new excuses for officials wanting to delay providing records. Rather, she highlighted three objections offered by those representing government bodies.

Longtime advocates for access to public records in Iowa expressed concern this week about new administrative rules proposed by the Iowa Public Information Board.

The draft rules would spell out requirements for acknowledging and responding “promptly” to public records requests, but would also create a new excuse for government bodies that fail to provide timely access to records. Nothing in Iowa’s open records statute, known as Chapter 22, authorizes the board’s proposed language on “unforeseen circumstances,” nor is that concept consistent with Iowa Supreme Court precedent.

Rachel Bruns recounts the saga of trying to obtain records that the Iowa Department of Public Health could have provided promptly.

In an article I wrote for this website in January 2021, Provider practices in Iowa lead to more c-sections, complications, I mentioned that I had requested records from the Iowa Department of Public Health (IDPH) on the number of cesarean births and vaginal births after cesarean (VBACs) in Iowa hospitals.

A lot has happened related to my request since then. I’m summarizing my experience in case it can help other Iowans seeking what should be public information from a government entity.

In its most closely-watched meeting in living memory, the Iowa State Fair board voted on June 10 not to hold the fair this year, due to the coronavirus pandemic.

Although the board’s 11-2 vote was livestreamed, the brief meeting shed no light on the deliberations. There was no public discussion of the pros and cons of postponing the event until 2021. Nor did members debate alternative scenarios explored by staff, like holding a scaled-back event with limited attendance, mandatory face coverings, or temperature checks.

All board members present avoided a public stand on the difficult decision through a secret ballot vote, in apparent contradiction with Iowa’s open meetings law.

Governor Kim Reynolds’ designated representative on the body missed the meeting entirely.

Exclusive reporting by Marty Ryan on his efforts to hold the Iowa Board of Corrections accountable for failing to follow state law. -promoted by Laura Belin

“You can’t fight city hall,” the saying goes. It means you may get more gratification from beating your head against a wall than from fighting with government bureaucratic processes.

I have fought city hall, but I think I can count the successes on one finger. My recent challenge to secure a win for common sense was beat back last month when the Iowa Public Information Board dismissed the complaint I had filed against the Iowa Board of Corrections in July.

Iowa Freedom of Information Council executive director Randy Evans reflects on the flawed draft advisory opinion the Iowa Public Information Board’s staff proposed in response to my inquiry. -promoted by desmoinesdem

I sometimes think government officials overlook the important role the public plays in our system of government.

That was my takeaway last week from the monthly meeting of the Iowa Public Information Board.

Democrats have a new candidate in Iowa House district 58, which will likely be targeted by both parties. Jessica Kean, who works for a non-profit organization in Maquoketa, will seek the nomination at a special convention next month. Previous Democratic candidate Peter Hird had been running for the seat since last October and was unopposed in the primary, but yesterday he announced plans to end his campaign for unspecified “personal reasons,” following “much deliberation.” The party’s new recruit Kean will be favored at the special convention, even if other Democrats enter the fray.

Among the most Democratic-leaning Iowa legislative seats currently held by a Republican, House district 58 is a must-win for Democrats to have any hope of regaining control of the lower chamber, where the party now holds 43 of the 100 seats. It became one of the top pickup opportunities when GOP State Representative Brian Moore decided not to seek re-election, joining more than half a dozen of his colleagues this cycle.

I assumed Moore would be a one-term wonder after his shocking, narrow victory in 2010. But his constituents re-elected him even as Barack Obama received 55.6 percent of the vote in House district 58 in 2012. Only residents of House district 91 in the Muscatine area gave a higher share of their votes to the president while electing a Republican to the Iowa House. According to the latest figures from the Iowa Secretary of State’s office, House district 58 contains 7,038 active registered Democrats, 5,236 Republicans, and 8,567 no-party voters.

The GOP candidate in House district 58 is former state lawmaker Andy McKean. He easily won a three-way primary with more than 62 percent of the vote. He served fourteen years in the Iowa House and ten in the Senate before retiring in 2002 to run successfully for Jones County supervisor.

Given McKean’s political experience and long career as an attorney in the Anamosa area, I am surprised he hasn’t raised more money for his House campaign. He reported $8,351.00 in contributions by mid-May, mostly from individuals, but spent almost all of that cash before the June primary. He raised another $5,115.00 in the next reporting period, of which $3,000 came from a PAC representing general contractors. As of July 14, McKean had just $4,594.23 cash on hand. House Republican leaders will probably need to spend part of Speaker Linda Upmeyer’s huge war chest defending this seat.

I enclose below background on both candidates and a map of the district, which covers all of Jackson County, much of Jones County, and two rural Dubuque County townships. Donald Trump carried Jackson County and most of the Jones County precincts in the February 1 precinct caucuses, while Marco Rubio carried the Dubuque County precincts. On the Democratic side, Hillary Clinton carried Jackson County; the Jones County precincts were a mixed bag, and the Dubuque precincts were a tie.

More voters in House district 58 live in Jackson County (Kean’s base) than in Jones County, where McKean has lived for decades. On the other hand, Kean is a first-time candidate, whereas McKean has been elected to the state legislature ten times.