# Iowa Public Information Board



State board split on how to approach "vexatious requesters" of public records

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.”

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Misguided government proposal targets "vexatious" people

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.

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State board concerned about "vexatious requesters" of public records

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.”

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Bettendorf schools, state board blunder in major transparency case

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. 

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Iowa out of step on access to police video

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.

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Iowa House backs improvement to open records process

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.

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