How to request information from a government body or organization.

1) Send an email to the recorder or clerk, who ever deals with records (put a date in the email).   In the case of Ankeny send an email to Pam Demouth. In the case of the Des Moines MPO send the emails to here.  Specify the information you are requesting.  Try to be specific.

2) If you do not get a response in 5 working days send another email (put a date in the email) ask why you have not received the requested information. Restate the information you are requesting,

3) Send another email (put a date in the email) after 10 working days asking why you have not received the requested information. Ask what Iowa Code section in chapter 21 or 22 is being used to deny the information. Restate the information you are requesting.

4) If after 20 days (not working days) you did not receive the requested information please file a complaint. Include all emails sent as evidence. Contact the Iowa Citizens' Aide/Ombudsman Office -- toll-free at 888-IA-OMBUD (888-426-6283).

Requesters should not be required to identify themselves.

Government offices may develop forms to be submitted in writing or filled out over the telephone, but forms should not force requesters to identify themselves or explain why they want to examine or copy public records. Public officials should not require requesters to supply any additional information, unless it is needed to send the records by mail, or to comply with laws limiting access to certain records (such as student academic records or medical records.) 

Requests can be made by email, phone or mail. It is preferred to use email or certified mail so that a record of the request exists. There is no requirement to use a form even if the city requests one be filled out.  You may fill out a form in the spirit of cooperation.

Iowans Can Request Public Records
by Telephone, Letter, Fax, or E-mail

Starting July 1, 2005 Iowans will have a right to request copies of public records by contacting governmental bodies by letter, telephone, or electronic means such as "fax" or e-mail. Until now, Iowa's Public Records law, Iowa Code Ch. 22, has not strictly required public officials to respond to public record requests that are not made in person.

Now all governmental bodies should prepare to respond to requests in various forms:

Develop policies to handle requests made in writing, by telephone and by electronic means. Who will keep track of the requests? Who will assure that the records are retrieved, copied and delivered timely? Public officials should designate and train staff appropriately.

Decide on advance payment for providing records. The lawful custodian is expressly authorized to require payment of expenses incurred in advance of providing the records. If advance payment is required, an estimate of the expenses shall be communicated on receipt of the request.

Review policies on expenses to be sure only actual expenses are included. Public officials may collect only those expenses directly attributable to supervising examination and making and providing copies. Charges may not include ordinary expenses or costs, such as employment benefits of office workers who supervise records, or depreciation, maintenance, electricity, or insurance associated with the administration of the office of the lawful custodian.

http://www.state.ia.us/government/ag/sunshine_advisories/2005/april.html

Remember: The public is entitled to "examine" and "copy" electronic data that would be an open record if stored on paper. Public officials should plan for public access to electronic data when designing software -- before the data is entered!

http://www.state.ia.us/government/ag/sunshine_advisories/2005/october.html

What is a Good Faith, Reasonable Delay?

By statute, delay in permitting examination and copying of public records "shall not exceed" 20 calendar days and ordinarily "should not exceed" 10 business days. Iowa Code sec. 22.8(4)(d). Delay is never justified simply for the convenience of the governmental body, but delay will not violate the law if it is in good faith, reasonable and for one of the reasons for delay set out by statute:

1) A good-faith, reasonable delay in allowing examination of a particular document is not a violation of Chapter 22 if the purpose of the delay is any of the following:

a. To seek an injunction under this section.

b. To determine whether the lawful custodian is entitled to seek an injunction or should seek such an injunction.

c. To determine whether the record in question is a public record, or a confidential record.

d. To determine whether a confidential record should be available for inspection and copying to the person requesting the right to do so. A reasonable delay for this purpose shall not exceed twenty calendar days
and ordinarily should not exceed ten business days. Iowa Code § 22.8(4).

2) Where the lawful custodian cannot locate documents in the possession of another, but provides the documents as soon as they become available, the lawful custodian has substantially complied with the Public Records Law. Braunschweig v. Bormann, No. 04-0537, 2005 WL 1224685 (Iowa App. May 25, 2005).

3) Inconvenience or embarrassment to public officials or others is insufficient to support an injunction. City of Dubuque v. Telegraph Herald, Inc., 297 N.W.2d 523 (Iowa 1980).

http://www.state.ia.us/government/ag/sunshine_advisories/2005/august.html
 

Right to examine public records

Every person has the right to examine, to copy, and to publish all public records. The right to examine includes the right to examine a public record without charge while the public record is in the physical possession of the custodian. The right to copy includes the right to photograph or make photographic copies while the records are in the possession of the lawful custodian. Iowa Code § 22.2(1).

Courts can remove public officials from office on the second violation of sunshine laws

Courts in Iowa can literally oust an official from office for violating "sunshine laws." (See Iowa Code sec. 21.6(3)(d) and 22.10(3)(d)). In fact, as of July 1, courts "shall" remove from office any public official on the second violation for which monetary damages are assessed.

Prior to July 1, 2005, removal from office was reserved for the most egregious repeat offender -- an official could only be removed from office on the third violation for which monetary damages were assessed against the official in office. (See Dec. 2003 Sunshine Advisory -- "What is the Cost for Noncompliance? Monetary costs for violating Iowa's sunshine laws can be imposed on individual officials or drain the budget of a governmental body.") So, penalties increase substantially as of July 1 for a "second strike."

In summary, penalties for violating sunshine laws the second time include the following:
Removal from Office: Upon finding that a government body has violated the Open Meetings Law, or that a lawful custodian has violated the Public Records Law, a court shall remove the person from office if that person has engaged in one prior violation for which damages were assessed during the person's term. Iowa Code secs. 21.6(3)(d), 22.10(3)(d), as amended by House File 772 (2005).

Injunction and Civil Contempt: Upon finding that a government body has violated the Open Meetings Law, or upon finding that a lawful custodian has violated the Public Records Law, a court may issue an injunction punishable by civil contempt ordering members to refrain from future violations for one year. Iowa Code secs. 21.6(3)(e) and 22.10(3)(a). If a second violation occurs while the injunction is in place, the official could be held in civil contempt. This can mean additional damages, or even jail time. See Iowa Code sec. 665.4.

Remember: Persons who are elected or appointed to serve Iowans have a duty to comply with Iowa's sunshine laws. Responsible public officials don't "strike out!"

http://www.state.ia.us/government/ag/sunshine_advisories/2005/june.html