21.1 INTENT -- DECLARATION OF POLICY.
This chapter seeks to assure, through a requirement of open
meetings of governmental bodies, that the basis and rationale of
governmental decisions, as well as those decisions themselves, are
easily accessible to the people. Ambiguity in the construction or
application of this chapter should be resolved in favor of openness.
21.2 DEFINITIONS.
As used in this chapter:
1. "Governmental body" means:
a. A board, council, commission or other governing body expressly
created by the statutes of this state or by executive order.
b. A board, council, commission, or other governing body of a
political subdivision or tax-supported district in this state.
c. A multimembered body formally and directly created by one or
more boards, councils, commissions, or other governing bodies subject
to paragraphs "a" and "b" of this subsection.
d. Those multimembered bodies to which the state board of regents
or a president of a university has delegated the responsibility for
the management and control of the intercollegiate athletic programs
at the state universities.
e. An advisory board, advisory commission, or task force created
by the governor or the general assembly to develop and make
recommendations on public policy issues.
f. A nonprofit corporation other than a fair conducting a fair
event as provided in chapter 174, whose facilities or indebtedness
are supported in whole or in part with property tax revenue and which
is licensed to conduct pari-mutuel wagering pursuant to chapter 99D
or a nonprofit corporation which is a successor to the nonprofit
corporation which built the facility.
g. A nonprofit corporation licensed to conduct gambling games
pursuant to chapter 99F.
h. An advisory board, advisory commission, advisory committee,
task force, or other body created by statute or executive order of
this state or created by an executive order of a political
subdivision of this state to develop and make recommendations on
public policy issues.
2. "Meeting" means a gathering in person or by electronic means,
formal or informal, of a majority of the members of a governmental
body where there is deliberation or action upon any matter within the
scope of the governmental body's policy-making duties. Meetings
shall not include a gathering of members of a governmental body for
purely ministerial or social purposes when there is no discussion of
policy or no intent to avoid the purposes of this chapter.
3. "Open session" means a meeting to which all members of the
public have access.
[C71, 73, 75, 77, § 28A.1; C79, 81, § 28A.2]
C85, §21.2
89 Acts, ch 73, § 1; 90 Acts, ch 1175, §1; 90 Acts, ch 1271, §701;
91 Acts, ch 258, § 26; 93 Acts, ch 25, § 1; 2004 Acts, ch 1019, §1
Referred to in § 21.11, 331.909
21.3 MEETINGS OF GOVERNMENTAL BODIES.
Meetings of governmental bodies shall be preceded by public notice
as provided in section 21.4 and shall be held in open session unless
closed sessions are expressly permitted by law. Except as provided
in section 21.5, all actions and discussions at meetings of
governmental bodies, whether formal or informal, shall be conducted
and executed in open session.
Each governmental body shall keep minutes of all its meetings
showing the date, time and place, the members present, and the action
taken at each meeting. The minutes shall show the results of each
vote taken and information sufficient to indicate the vote of each
member present. The vote of each member present shall be made public
at the open session. The minutes shall be public records open to
public inspection.
[C71, 73, 75, 77, § 28A.1, 28A.5; C79, 81, § 28A.3]
C85, § 21.3
93 Acts, ch 25, § 2
Referred to in § 372.13
21.4 PUBLIC NOTICE.
1. A governmental body, except township trustees, shall give
notice of the time, date, and place of each meeting, and its
tentative agenda, in a manner reasonably calculated to apprise the
public of that information. Reasonable notice shall include advising
the news media who have filed a request for notice with the
governmental body and posting the notice on a bulletin board or
other prominent place which is easily accessible to the public and
clearly designated for that purpose at the principal office of the
body holding the meeting, or if no such office exists, at the
building in which the meeting is to be held.
2. Notice conforming with all of the requirements of subsection 1
of this section shall be given at least twenty-four hours prior to
the commencement of any meeting of a governmental body unless for
good cause such notice is impossible or impractical, in which case as
much notice as is reasonably possible shall be given. Each meeting
shall be held at a place reasonably accessible to the public, and at
a time reasonably convenient to the public, unless for good cause
such a place or time is impossible or impractical. Special access to
the meeting may be granted to persons with disabilities.
When it is necessary to hold a meeting on less than twenty-four
hours' notice, or at a place that is not reasonably accessible to the
public, or at a time that is not reasonably convenient to the public,
the nature of the good cause justifying that departure from the
normal requirements shall be stated in the minutes.
3. A formally constituted subunit of a parent governmental body
may conduct a meeting without notice as required by this section
during a lawful meeting of the parent governmental body, a recess in
that meeting, or immediately following that meeting, if the meeting
of the subunit is publicly announced at the parent meeting and the
subject of the meeting reasonably coincides with the subjects
discussed or acted upon by the parent governmental body.
4. If another section of the Code requires a manner of giving
specific notice of a meeting, hearing, or an intent to take action by
a governmental body, compliance with that section shall constitute
compliance with the notice requirements of this section.
[C71, 73, 75, 77, 79, 81, § 28A.4]
C85, § 21.4
96 Acts, ch 1129, § 113
Referred to in § 21.3, 21.8, 35C.1, 275.15, 282.11
21.5 CLOSED SESSION.
1. A governmental body may hold a closed session only by
affirmative public vote of either two-thirds of the members of the
body or all of the members present at the meeting. A governmental
body may hold a closed session only to the extent a closed session is
necessary for any of the following reasons:
a. To review or discuss records which are required or authorized
by state or federal law to be kept confidential or to be kept
confidential as a condition for that governmental body's possession
or continued receipt of federal funds.
b. To discuss application for letters patent.
c. To discuss strategy with counsel in matters that are presently
in litigation or where litigation is imminent where its disclosure
would be likely to prejudice or disadvantage the position of the
governmental body in that litigation.
d. To discuss the contents of a licensing examination or whether
to initiate licensee disciplinary investigations or proceedings if
the governmental body is a licensing or examining board.
e. To discuss whether to conduct a hearing or to conduct hearings
to suspend or expel a student, unless an open session is requested by
the student or a parent or guardian of the student if the student is
a minor.
f. To discuss the decision to be rendered in a contested case
conducted according to the provisions of chapter 17A.
g. To avoid disclosure of specific law enforcement matters, such
as current or proposed investigations, inspection or auditing
techniques or schedules, which if disclosed would enable law
violators to avoid detection.
h. To avoid disclosure of specific law enforcement matters, such
as allowable tolerances or criteria for the selection, prosecution or
settlement of cases, which if disclosed would facilitate disregard of
requirements imposed by law.
i. To evaluate the professional competency of an individual whose
appointment, hiring, performance or discharge is being considered
when necessary to prevent needless and irreparable injury to that
individual's reputation and that individual requests a closed
session.
j. To discuss the purchase of particular real estate only where
premature disclosure could be reasonably expected to increase the
price the governmental body would have to pay for that property. The
minutes and the tape recording of a session closed under this
paragraph shall be available for public examination when the
transaction discussed is completed.
k. To discuss information contained in records in the custody of
a public airport, municipal corporation, municipal utility, jointly
owned municipal utility, or rural water district organized under
chapter 357A, that are confidential records pursuant to section 22.7,
subsection 46.{ This paragraph is repealed effective June 30, 2007.
2. The vote of each member on the question of holding the closed
session and the reason for holding the closed session by reference to
a specific exemption under this section shall be announced publicly
at the open session and entered in the minutes. A governmental body
shall not discuss any business during a closed session which does not
directly relate to the specific reason announced as justification for
the closed session.
3. Final action by any governmental body on any matter shall be
taken in an open session unless some other provision of the Code
expressly permits such actions to be taken in closed session.
4. A governmental body shall keep detailed minutes of all
discussion, persons present, and action occurring at a closed
session, and shall also tape record all of the closed session. The
detailed minutes and tape recording of a closed session shall be
sealed and shall not be public records open to public inspection.
However, upon order of the court in an action to enforce this
chapter, the detailed minutes and tape recording shall be unsealed
and examined by the court in camera. The court shall then determine
what part, if any, of the minutes should be disclosed to the party
seeking enforcement of this chapter for use in that enforcement
proceeding. In determining whether any portion of the minutes or
recording shall be disclosed to such a party for this purpose, the
court shall weigh the prejudicial effects to the public interest of
the disclosure of any portion of the minutes or recording in
question, against its probative value as evidence in an enforcement
proceeding. After such a determination, the court may permit
inspection and use of all or portions of the detailed minutes and
tape recording by the party seeking enforcement of this chapter. A
governmental body shall keep the detailed minutes and tape recording
of any closed session for a period of at least one year from the date
of that meeting.
5. Nothing in this section requires a governmental body to hold a
closed session to discuss or act upon any matter.
[C71, 73, 75, 77, § 28A.3; C79, 81, § 28A.5]
C85, § 21.5
2002 Acts, ch 1076, §1
Referred to in § 8A.204, 21.3, 21.8, 97B.8A, 203.11B, 203D.4,
279.24, 388.9, 411.5
21.6 ENFORCEMENT.
1. The remedies provided by this section against state
governmental bodies shall be in addition to those provided by section
17A.19. Any aggrieved person, taxpayer to, or citizen of, the state
of Iowa, or the attorney general or county attorney, may seek
judicial enforcement of the requirements of this chapter. Suits to
enforce this chapter shall be brought in the district court for the
county in which the governmental body has its principal place of
business.
2. Once a party seeking judicial enforcement of this chapter
demonstrates to the court that the body in question is subject to the
requirements of this chapter and has held a closed session, the
burden of going forward shall be on the body and its members to
demonstrate compliance with the requirements of this chapter.
3. Upon a finding by a preponderance of the evidence that a
governmental body has violated any provision of this chapter, a
court:
a. Shall assess each member of the governmental body who
participated in its violation damages in the amount of not more than
five hundred dollars nor less than one hundred dollars. These
damages shall be paid by the court imposing it to the state of Iowa,
if the body in question is a state governmental body, or to the local
government involved if the body in question is a local governmental
body. A member of a governmental body found to have violated this
chapter shall not be assessed such damages if that member proves that
the member did any of the following:
(1) Voted against the closed session.
(2) Had good reason to believe and in good faith believed facts
which, if true, would have indicated compliance with all the
requirements of this chapter.
(3) Reasonably relied upon a decision of a court or a formal
opinion of the attorney general or the attorney for the governmental
body.
b. Shall order the payment of all costs and reasonable attorney
fees in the trial and appellate courts to any party successfully
establishing a violation of this chapter. The costs and fees shall
be paid by those members of the governmental body who are assessed
damages under paragraph "a". If no such members exist because they
have a lawful defense under that paragraph to the imposition of such
damages, the costs and fees shall be paid to the successful party
from the budget of the offending governmental body or its parent.
c. Shall void any action taken in violation of this chapter, if
the suit for enforcement of this chapter is brought within six months
of the violation and the court finds under the facts of the
particular case that the public interest in the enforcement of the
policy of this chapter outweighs the public interest in sustaining
the validity of the action taken in the closed session. This
paragraph shall not apply to an action taken regarding the issuance
of bonds or other evidence of indebtedness of a governmental body if
a public hearing, election or public sale has been held regarding the
bonds or evidence of indebtedness.
d. Shall issue an order removing a member of a governmental body
from office if that member has engaged in a prior violation of this
chapter for which damages were assessed against the member during the
member's term.
e. May issue a mandatory injunction punishable by civil contempt
ordering the members of the offending governmental body to refrain
for one year from any future violations of this chapter.
4. Ignorance of the legal requirements of this chapter shall be
no defense to an enforcement proceeding brought under this section.
A governmental body which is in doubt about the legality of closing a
particular meeting is authorized to bring suit at the expense of that
governmental body in the district court of the county of the
governmental body's principal place of business to ascertain the
propriety of any such action, or seek a formal opinion of the
attorney general or an attorney for the governmental body.
[C71, 73, 75, 77, § 28A.7, 28A.8; C79, 81, § 28A.6]
C85, § 21.6
99 Acts, ch 9, §1; 2005 Acts, ch 99, §1
21.7 RULES OF CONDUCT AT MEETINGS.
The public may use cameras or recording devices at any open
session. Nothing in this chapter shall prevent a governmental body
from making and enforcing reasonable rules for the conduct of its
meetings to assure those meetings are orderly, and free from
interference or interruption by spectators.
[C79, 81, § 28A.7]
C85, § 21.7
21.8 ELECTRONIC MEETINGS.
1. A governmental body may conduct a meeting by electronic means
only in circumstances where such a meeting in person is impossible or
impractical and only if the governmental body complies with all of
the following:
a. The governmental body provides public access to the
conversation of the meeting to the extent reasonably possible.
b. The governmental body complies with section 21.4. For the
purpose of this paragraph, the place of the meeting is the place from
which the communication originates or where public access is provided
to the conversation.
c. Minutes are kept of the meeting.
The minutes shall include a statement explaining why a meeting in
person was impossible or impractical.
2. A meeting conducted in compliance with this section shall not
be considered in violation of this chapter.
3. A meeting by electronic means may be conducted without
complying with paragraph "a" of subsection 1 if conducted in
accordance with all of the requirements for a closed session
contained in section 21.5.
[C79, 81, § 28A.8]
C85, § 21.8
21.9 EMPLOYMENT CONDITIONS DISCUSSED.
A meeting of a governmental body to discuss strategy in matters
relating to employment conditions of employees of the governmental
body who are not covered by a collective bargaining agreement under
chapter 20 is exempt from this chapter. For the purpose of this
section, "employment conditions" mean areas included in the scope of
negotiations listed in section 20.9.
[81 Acts, ch 30, § 1]
C83, § 28A.9
C85, § 21.9
21.10 INFORMATION TO BE PROVIDED.
The authority which appoints members of governmental bodies shall
provide the members with information about this chapter and chapter
22. The appropriate commissioner of elections shall provide that
information to members of elected governmental bodies.
89 Acts, ch 73, § 2
21.11 APPLICABILITY TO NONPROFIT CORPORATIONS
This chapter applies to nonprofit corporations which are defined
as governmental bodies subject to section 21.2, subsection 1,
paragraph "f", only when the meetings conducted by the nonprofit
corporations relate to the conduct of pari- mutuel racing and
wagering pursuant to chapter 99D.
90 Acts, ch 1175, §2
