This handbook is the seventh edition of a publication designed to keep Iowans abreast of the changes in the state's open meetings and open records laws, Chapters 21 and 22 of the Code of Iowa. The handbook incorporates all the changes made in the chapters by the 1996 legislature; the handbook will be updated as necessary.

Generally, Chapters 21 and 22 - the so-called openness or sunshine laws - have worked well in Iowa, thanks to the efforts of concerned and informed citizens, responsible and dedicated public officials, and accurate and attentive news media.

At least three points are central to understanding how the laws work:

Iowa law assumes that meetings and records are open. Iowans do not have to make a case to attend a governmental meeting or to see a public record. To the contrary, meetings must be open and records must be available for inspection unless the case for closure is specified in law. The Iowa Supreme Court has been adamant on this point, citing, for example, 22.8(3), which notes that most records are open to public inspection, "even though such examinations may cause inconvenience or embarrassment to public officials or others."

The laws are relatively brief, general and written for public understanding and use. The sunshine laws of many states are longer and more complex than Iowa's. Many other laws try to anticipate almost every conceivable issue that might arise. Iowa laws provide a general approach that of assumed openness and certain guidelines regarding when a meeting can be (not must be) closed and what records are confidential. The laws provide a framework to help reasonable people make sure that public business is conducted in the public eye.

The laws provide a framework for managing business by public agencies. Indeed the provisions for tentative agendas, for keeping minutes of meetings, for dealing with personnel issues, etc. are instructive for any organization, public or private. But the laws also provide a mechanism for an aggrieved citizen who believes a governmental agency has improperly denied access to a meeting or record. Both laws provide for reimbursement of legal fees if a citizen is successful in a lawsuit against a governmental agency for holding an illegal meeting or denying access to a record that should be open for public inspection.

While providing such "clout" to the citizen, however, the laws also provide, under sections 21.6(3) and 22.10(3), ample protection to public officials who seek and rely upon advice in interpreting finer points of the law. It's a good balance.

The laws, of course, are not permanent. Amendments will continue to be made, so there are blank pages at the end of this handbook to accommodate such changes and updates.

The handbook is published by the Iowa Freedom of Information Council, a consortium of news media associations, radio and television stations, newspapers, publishers, librarians, educators, lawyers and business leaders concerned about openness in government.

The seventh edition is supported in part by funding from the National Freedom of Information Coalition. The NFOIC had received a grant from the Knight Foundation to promote access to government information throughout the nation.

Additional copies of the handbook are available at cost from the Iowa FOI Council. Also available at cost ($4) is a 15-minute video tape, OPENNESS IN IOWA, which helps acquaint viewers with the philosophy behind Chapters 21 and 22. The tape is narrated by former Iowa Gov. Bob Ray, who was governor when the open meetings law was revised in 1978.

The seventh edition and the video tape have been provided to libraries throughout Iowa as part of an effort, in concert with the Iowa Library Association, to establish First Amendment/Information Access Resource Centers in more than 500 libraries. The Resource Centers also will have available information on court decisions and attorney general opinions on Chapters 21 and 22.

The first edition of this handbook was published in 1978 to help introduce Iowans to the open-meetings law that took effect January 1, 1979. A second edition was published in 1982, to update Iowans on the law, providing new insights as Iowa governmental agencies and citizens adjusted to the law. Supplements to the second edition included information on the open-records law that was revised considerably by the 1984 Legislature. A third edition was first printed in 1986 and included material on the Iowa public-records law, as have all subsequent editions. The fourth edition was issued in 1989. A fifth edition was published in 1992 in two formats: a pocket-sized format and a notebook, or 8 1/2-by-11-inch, format that members of governmental agencies have found convenient. That practice was continued with the sixth edition, 1994, and now this seventh edition.

Open Meetings, Open Records Handbook

Table of Contents
Rules of Thumb: Chapter 21
Sustaining/First Amendment Members
Iowa Code: Chapter 21
Questions About Chapter 21
Iowa Code: Chapter 22
Questions About Chapter 22
Notes and Additions
Rules of Thumb: Chapter 22