Openness in Iowa

A Presumption of Access

 

Central to understanding how Chapters 21 and 22 work is the concept that openness and access are presumed. A person doesn't have to ask, "Can I see this record?" or "Can I attend this meeting?"

The presumptions are "Of course, you can see the record" and "Of course, you can attend the meeting. Welcome!" People can be refused access only if confidentiality is specifically provided for in law. The burden is upon the record custodian or upon the government agency to explain why a person should not be allowed to see a record or attend a meeting.

In fact, a person does not even have to give a reason as to why he or she wants to see a record or plans to attend a meeting -- although explaining why may help the public servant make sure that a person gets the right information.

Also, nothing in the open meetings law requires a governmental body to hold a closed session. And even if a gathering of members of a public agency may not be covered by the open meetings law, that does not mean the meeting must be closed.

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