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.
21.10 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.
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.
21.2 Definitions.
As used in this chapter:
1. "Governmentalmeans:
a. A board, council, commission or other governing b. A board, council, commission, or other governing c. A multimembereda" 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 county or district fair or agricultural society, 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 2. "Meeting" means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental 3. "Open session" means a meeting to which all members of the public have access.
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 21.4 Public notice.
1. A governmental 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 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 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 21.5 Closed session.
1. A governmental 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 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 d. To discuss the contents of a licensing examination or whether to initiate licensee disciplinary investigations or proceedings if the governmental 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 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 3. Final action by any governmental 4. A governmental 5. Nothing in this section requires a governmental 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 2. Once a party seeking judicial enforcement of this chapter demonstrates to the court that the 3. Upon a finding by a preponderance of the evidence that a governmental a. Shall assess each member of the governmental (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 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 governmentala". 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 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 d. Shall issue an order removing a member of a governmental e. May issue a mandatory injunction punishable by civil contempt ordering the members of the offending governmental 4. Ignorance of the legal requirements of this chapter shall be no defense to an enforcement proceeding brought under this section. A governmental 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 21.8 Electronic meetings.
1. A governmental a. The governmental b. The governmental 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.
21.9 Employment conditions discussed.
A meeting of a governmentalemployment conditions" mean areas included in the scope of negotiations listed in section 20.9.
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