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HomeMy Public PortalAbout2022 0122 Workshop PacketCITY OF RIVERDALE WORK SESSION AGENDA PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa DATE: January 22, 2022 TIME: 9:oo A.M. The meeting of the City Council of Riverdale, Iowa will be conducted according to the following order and actions will be considered on the items listed. The notice of this meeting is not considered final until 24 hours prior to the meeting and may be further modified if 24 hours' notice is impossible or impractical for good cause. In compliance with the Americans with Disabilities Act (ADA) and other applicable federal and state laws, all public hearings and meetings held or sponsored by the city of Riverdale, IA will be accessible to individuals with disabilities. Persons requiring auxiliary aids and services should contact City Hall at (563) 355-2511 five (5) days prior to the hearing or meeting to inform of their anticipated attendance. The requirement that an Ordinance be read three times before passage may be waived by council upon an affirmative vote of four (4) of the five (5) council members. The public is advised to take note of this process and be prepared to speak either for or against any ordinance at the time of first reading. Per Chapter 21 of the Iowa Code, more specifically described in sections 21.2 and 21.8, a member of the Council may attend the meeting either in person or by electronic means, as defined in said sections. 1. OPEN PUBLIC INFORMATION SESSION 2. ROLL CALL 3. Orientation Session for Committee Members and Council Members a. Rules of Order for the City of Riverdale b. Handout regarding Public Meetings c. Handout regarding Public Records 4. Presentation of Information regarding the Maintenance Worker 5. Presentation of Goal Setting/Capital Ideas for FY 23 6. PUBLIC COMMENT 7. CITY COUNCIL DISCUSSION 8. ADJOURNMENT City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 1 (563) 355-2511 1 www.riverdaleiowa.com RESOLUTION NO. 2018-04 RESOLUTION APPROVING AND ADOPTING "RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS" TO ESTABLISH GUIDELINES FOR THE OPERATION OF CITY MEETINGS FOR THE CITY OF RIVERDALE, IOWA . WHEREAS, the City Council of the City of Riverdale ("City") has considered adopting its own rules as is provided for in Section 17.04, Council Meetings, and which authority is granted by the Code of Iowa, Section 372.13[5]; and, WHEREAS, upon the recommendation of the Mayor, the Council has considered adoption of "Rosenberg's Rules of Order", a simplified set of rules recommended by the League of California Cities, among others, for small organizations; and, WHEREAS, having given due consideration to "Rosenberg's Rules of Order" and is desirous of adoption of them, in the form as attached, entitled "Rules of Order for City of Riverdale Proceedings, 03/26/2018", in the interest of conducting more effective and efficient meetings, does wish to adopt these rules for the above reasons. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE IN THE STATE OF IOWA: Section 1. That "Rules of Order for City of Riverdale Proceedings, 03/26/2018" edition, are hereby attached to and become a part of this resolution. Section 2. That "Rules of Order for City of Riverdale Proceedings, 03/26/2018" are hereby adopted as the rules of order for the conduct of the meetings of the City Council; and, Section 3. That any rules of order which have been previously adopted are hereby repealed and replaced in their entirety by "Rules of Order for City of Riverdale Proceeding, 03/26/2018". PASSED AND APPROVED this day of 2018. Michael Bawden, Mayor ATTEST: Ronald Fullerlove, City Clerk Prepared by City Administrator Tim Long Revised March 27, 2018 RIVERDALE 110 MANOR DRIVE • RIVERDALE, LA 52722 PHONE (563) 355-2511 Memorandum Date: March 27, 2018 To: Members of the City Council C: City Administrator, Tim Long From: Mayor Mike Bawden Subject: Rules of Order for City of Riverdale Proceedings Attached, please find a clean copy of the rules of order governing all City proceedings. The intent here is to establish a streamlined set of procedural rules rather than vaguely following the rules set forth in Robert's Rules of Order which go largely un-read and, as a result, unfollowed. The goal of this document is to establish rules of procedure for public meetings that are simple enough for most people to understand and follow. The rules are intended to accomplish the following: 1. Establish a framework for the orderly conduct of meetings; 2. Encourage a wider understanding of how City meetings are structured and, as a result, encourage orderly participation in those meetings by both elected officials and the residents they represent; 3. Spell out often misunderstood procedural concepts in language that any citizen can understand; and 4. Provide a framework for thorough discussion and deliberation of issues so a clear decision can be reached by the governing body. Those general goals being clearly established up -front, here is an initial draft at a set of rules intended to achieve them. Following your review of this draft, I would appreciate any comments and suggested changes so we can have a final draft to review and adopt in the near future. Thank you. 1 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 Establishing a Quorum A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For our purposes, quorums for the following meetings shall be: a) City Council Meetings: 3 Members b) Planning and Zoning Commission Meetings: 3 Members c) Zoning Board of Adjustments Meetings: 3 Members d) All other City boards, commissions and committees: 1 more than half the members If the body has less than a quorum of members present, it cannot legally transact business. Even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs. When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The Role of the Chair It is the responsibility of the chair of the body who applies the Rules of Order (the Rules) to the conduct of the meeting. The chair should have read and understand the Rules in advance of the first meeting of the body which it will oversee. The chair of the body makes the final ruling of the application of the Rules and all rulings are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than the other members of the body. This does not mean the chair should not participate in the debate or discussion — in fact, as a member of the body, the chair has the full right to participate in the debate, discussion and decision -making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point of time. In some circumstances, the chair is a fully-participating/voting member of the body. In Riverdale, however, the Mayor serves as the chair of City Council meetings but is not allowed to vote on motions that come before it. Meeting Notices, Agendas and Formats All meetings of city bodies are to be held in public unless special conditions exist that require or allow for a closed meeting (as per Iowa Code). Requirements for public posting vary from meeting type to meeting type, but the City's staff personnel will be able to assist the chair of a body with posting and RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 publishing an appropriate meeting notice within the mandatory timeframes dictated by State of Iowa law. Postings of meeting notices are typically made on the City's bulletin boards outside City Hall as well as other designated areas. Some meeting notices also need to appear in the newspaper. It is a best practice, however, to also post the meeting notice on the City's website and social media accounts. A special notice can also be delivered by mail or email, although those notices are not to be considered replacements for state -approved, public notices. A meeting notice usually includes the agenda for the meeting. The agenda constitutes the body's agreed -upon roadmap for the meeting. It's often helpful — but not mandatory — for the agenda items to be numbered for easy reference by both the chair and members of the body during the meeting. At the beginning of a City meeting — often following a welcome from the chair, a roll call of the members of the body and the Pledge of Allegiance — the chair is expected to ask members of the body if there are any items on the agenda that should be removed. Members can only remove agenda items they initially requested be put on the agenda. The chair may also ask if any of the agenda items should be re -ordered in order to streamline the flow of information and discussion during the meeting. This may include moving items off a consent agenda and placing them elsewhere in the regular agenda for further discussion before those items are put to a vote. When taking up an item on the regular (i.e. non -consent) agenda, it's recommended the chair follow this format: a.) Announce the agenda item number and state what the agenda item is; b.) Invite the appropriate person(s) to report on the item, including any recommendations they may have; c.) Mk members of the body if they have any technical questions for the person making the recommendation or if there are any other clarifications required to fully understand the item and recommendations; d.) If the person making the report is asked to respond, the chair should allow a reasonable time for a focused response; e.) Next, the chair should ask the attending public if there are any further questions or comments — if there are a lot of people asking for time to speak, the chair has the right to limit time for each speaker; f.) Once the public has provided its input, the chair should announce that public input has concluded; g.) Invite a motion to act on the report or recommendation (it's best practice for the chair to announce the name of the member of the body who makes the motion); 3 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 h.) Ask for a second to the motion (and announce the name of the member who seconds the motion) — remember that seconding a motion doesn't mean support for that motion, just that the body can vote on it; i.) Prior to voting, the chair should make sure everyone in the body understands the motion (either by repeating the motion verbatim, asking the maker of the motion to repeat it verbatim or asking the clerk of the body to repeat it verbatim); j.) Once a motion has been moved and seconded THEN the body can discuss and deliberate it; k.) In all cases where a motion is brought forward and seconded for consideration and action, the name of the members moving and seconding the motion shall be entered into the record; 1.) When two or more members request recognition to speak on the motion, the chair shall have the right to choose which member is allowed to speak first; m.) The chair is authorized to ask any member to cease or limit discussion or to call the question before the body for a vote when it appears further discussion will not be meaningful; n.) If there is little to no discussion or deliberation, the chair can hold a vote on the motion; o.) If there is substantial discussion or deliberation, the body is best served by having the motion repeated prior to taking a vote; p.) The chair takes the vote - it is the chair's discretion as to whether that vote should be a simple acclimation (e.g. "all in favor, say `aye') or a roll call vote; q.) If the vote by acclimation of the members is not clear, the chair is required to take a roll call vote; r.) Members of the body can vote in any of the following ways: a. Abstain — A statement that the member will not vote due to actual or potential conflict of interest; an abstention is not a vote and cannot be counted as an affirmative vote on any matter at issue b. Aye/Yes — A vote in the affirmative c. Nay/No — A vote in opposition d. Pass — A request by the member to withhold his/her vote on the motion until the remaining members of the body have voted e. Present — A statement by the member that they will not vote on the motion before them, but wishes it known that they were present at the meeting; a vote present is considered a vote in opposition to the motion. 4 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 s.) Following the vote, the chair is expected to announce the result of the vote; what action (if any) the body has taken and, for the record, the names of the members of the body who voted in the minority of the motion. In the case of adopting, repealing or amending an ordinance of the City, all affirmative and opposing votes shall be taken and entered into the public record. Motions Motions are the vehicle for decision -making by a body. It's best to have a written motion (complete with background/backing information) supplied with a meeting agenda (in what's commonly referred to as a "packet"). This helps the body focus its discussion and keeps the meeting moving along. Motions are made in a simple, two-step process: a.) The chair recognizes the member of the body who will make the motion (its "sponsor"); b.) The member makes the motion by saying: "I move ..." In the interest of expedience, it is considered appropriate for the chair to "entertain" a motion — usually as it is in the packet received by members of the body in advance. The sponsoring member can merely state: "I so move ..." and the motion has been made. There are three basic motions. These are: a.) The basic motion — one that puts forward a decision for the body to consider and accept, modify or reject; b.) The motion to amend — a motion to change or modify the basic motion currently being considered; c.) The substitute motion — a motion intended to completely do away with the basic motion currently under consideration. Motions to amend and substitute motions are often confused but the effects (if passed) are quite different. If there is any confusion, it is the discretion of the chair to determine whether a motion is really a "motion to amend" or a "substitute motion." There can be up to three motions on the floor at the same time. The chair should reject any additional motions (i.e. a fourth motion) until the three currently under consideration have been resolved. When there are two or three motions on the floor at the same time, the vote should proceed first on the last motion that is made. Depending on the outcome of that discussion, debate and vote, the chair then can move on to consider the second (middle) motion depending on the decision reached concerning the third (last) motion. Following discussion, debate and the vote on the second (middle) motion, the chair then moves to consider the first motion — accounting for the effect of the decision reached on the second (middle) motion. This first (original) motion is considered in its altered form (depending on the decisions 5 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 reached about the second and third motions) when the body begins its discussions, debates and deliberations. During this final debate, additional motions maybe moved and considered again, requiring the chair to go through the process again. Discussions, Debates and Deliberations The basic rule of motions is that they are subject to discussions and debate. There are some exceptions to the general rule of free and open debate on motions. The exceptions apply when there is a desire of the body to move on. The following motions are not debatable — meaning when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion: a.) Motion to Adjourn — Requires the body to immediately adjourn to its next regularly - scheduled meeting; Requires a simple majority vote. b.) Motion to Recess — Requires the body to take an immediate recess; normally, the chair determines the length of the recess. Requires a simple majority vote. c.) Motion to Fix the Time to Adjourn — Requires the body to adjourn the meeting at a specific time set in the motion. It requires a simple majority vote. d.) Motion to Table — Requires the discussion of the agenda item to be halted and for that item to be placed "on hold." A motion to table can specify a date for the motion to be put back on the agenda or it can be non-specific. If an item is tabled with a non-specific motion, a motion to take the item off the table" and bring it back for consideration has to be taken at a future meeting. A motion to table requires a simple majority vote. e.) Motion to Limit Debate — Ends debate on an agenda item and requires the body to vote on the issue before them. This motion cannot be debated. When such a motion is made, it requires a second and then a vote of 2/3 of the body to pass (instead of a simple majority vote). If the motion succeeds, the chair must proceed to a vote on the issue before the body. f.) Motion to Object to Consideration — Similar to a Motion to Limit Debate, this motion, if passed by 2/3 of the body, precludes the body from even considering the item being objected to on the agenda. Also like the Motion to Limit Debate, this motion cannot be debated. The "Motion to Reconsider" is a special and unique motion that requires more explanation than most. After discussion, debate, deliberation and a vote on an issue, the matter is considered closed. The only way to re -open an issue is with a Motion to Reconsider. A Motion to Reconsider requires a majority vote to pass (like most other motion), but it must be made at the meeting where the item was first voted upon. A Motion to Reconsider made at a later time is deemed to be "untimely" not allowed unless the body agrees to suspend its rules by a 2/3 majority. A Motion to Reconsider may be made only by certain members of the body: a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make a Motion to Reconsider and any member of the body may second that motion. 6 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 If a member who voted in the minority seeks to make a Motion to Reconsider, the chair must rule the motion out of order and it can't be considered. If a Motion to Reconsider passes, then the original matter is back before the body and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. If a Motion to Reconsider fails, the original matter is finally decided and a subsequent Motion to Reconsider cannot be brought forward. Counting Votes If a simple majority vote is needed to pass a motion, then the votes in the affirmative must number at least one more than 5o percent of the body in order to pass. Abstentions (or blank ballots when casting votes in writing), while not counted as an opposing vote, cannot be counted as a vote for the affirmative. Votes of "present" are counted as opposing votes. In the event of a tie vote, the motion always fails. Courtesy and Decorum These rules of order are intended to create an atmosphere where the members of the body and the members of the public can attend to the business of the City in a manner that is both efficient and fair. That being said, it is incumbent on all parties (both public servants, City staff and contractors and the general public) to behave in a way that is courteous and well-mannered. Only one person at a time is allowed to have the floor. It is the chair's responsibility to recognize the speaker — and if that speaker is not a member of the City Council, the Mayor or a recognizable member of the City's staff, the speaker is expected to give his/her name, title (if any) and brief explanation as to his/her interest in the matter under consideration. While a person has the floor, others attending the meeting are expected to remain respectful and quiet so everyone can hear. It is the chair's responsibility to make sure the person speaking is loud, clear and understood. To that end, the chair may, from time to time, ask the speaker to clarify or explain their statements or to repeat statements for the record or for others to hear more clearly. It is also the chair's responsibility to make sure debate and discussion of an agenda item remains focused on the issues at hand and the City's policies or proposed actions and not the personalities of the presenter, organizations or individuals represented by the speaker or members of the convened body. Debate on policy is healthy, debate on personalities is not. Disagreement on issues should be expected. Insults, threats, innuendo or other implied personal attacks can't be tolerated. It is the chair's right to cut off discussions that get too personal, too crude, too loud or wander off the matter at -hand. In the interest of time, the chair may also limit the time allotted -to any speaker, including members of the body. There are five circumstances where members of the body may interrupt a speaker or another member while he/she is speaking. In most cases, these interruptions can occur after a speaker has finished and before the next speaker starts. In some cases, it may be necessary to interrupt the speaker during a presentation — but that should be rare. If possible, members of a body are expected to be deferential to guests addressing their body as well as their fellow members. 7 RULES OF ORDER FOR CITY OF RIVERDALE PROCEEDINGS Adopted: 03/27/2018 The following reasons are generally considered acceptable interruptions: a.) Point of Privilege — Relates to anything that would interfere with the normal comfort of the meeting (e.g. maybe the member is having a hard time hearing the speaker or can't see the material being presented). b.) Point of Order — Relates to anything that would not be considered appropriate conduct at a meeting (e.g. someone taking action out of order or violating the Rules in some way); c.) Appeal — Relates to a member disagreeing with a ruling made by the chair. The chair's ruling can be reversed if an appeal is upheld by a simple majority vote of the members of the body. d.) Call for Orders of the Day — Relates to a member requesting the body get back onto the published/approved agenda. This call does not require a vote but can be addressed by the chair reminding the body to get back on track and proceed in good order. If the chair fails to do so, the chair's decision can be appealed (see C., above). e.) Withdraw a Motion — During debate or discussion, the maker of a motion may, at any time, interrupt a speaker to withdraw his or her motion from the floor. The chair has the option of asking the member who seconded the motion if they wish to re -make the motion. General Conduct When Chairing a Meeting It's recommended the chair remember that members of the public who are attending the meeting of a City body may not know or fully understand the City's Rules or how the City's public meetings are structured and run. To help make meetings run smoother and inform/educate visitors on how the body will operate, it's helpful to provide copies of the Rules and the meeting agenda for their use. During the meeting, it's advised the chair keep the following rules of thumb in mind at each major agenda item: a.) Tell the public what the body will be doing; b.) Occasionally inform/update the public as to what is happening while the body is doing it; c.) When the body has acted on an agenda item, tell the public what the body did. Remember, it is the chair's job to make sure the body operates efficiently and for the public to feel welcomed, fully informed and capable of participating/engaging with the body if they are so inclined. 8 1 OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS), *21.2 CHAPTER 21 OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS) Referred to in 87C.13, 13.14, 15.106A, 15.107C, 15.120, 15E.63, 16.2D, 20.17, 22.7(60), 23.1, 23.2, 23.5, 23.6, 23.7, 23.8, 23.10, 23.11, 28A.9, 28E.6, 28F.13, 28.1.28, 49.4, 49.5, 68B.31A, 84A.1A, 84A.4, 99G.4, 99G.8, 101C.3, 137.109, 148.7, 161A.47, 183A.5, 185.34, 216A.132, 237.21, 256E.7, 256F.4, 25611.2, 2561.7, 261.8, 261E.9, 272C.6, 279.15, 279.24, 279.38, 279.38A, 331.210A, 331.213, 331.234, 331.235, 331.238, 331.248, 331.399, 331.909, 358C.12, 373.3, 441.37A, 455A.20, 480.3, 602.2103, 679C.108 21.1 Intent — declaration of policy. 21.2 Definitions. 21.3 Meetings of governmental bodies. 21.4 Public notice. 21.5 Closed session. 21.6 Enforcement. 21.7 Rules of conduct at meetings. 21.8 Electronic meetings. 21.9 Employment conditions discussed. 21.10 Information to be provided. 21.11 Applicability to nonprofit corporations. 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. [C79, 81, §28A.11 C85, §21.1 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. i. The governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized. j. An advisory board, advisory commission, advisory committee, task force, or other body created by an entity organized under chapter 28E, or by the administrator or joint board specified in a chapter 28E agreement, 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 Fri Dec 03 22:33:42 2021 Iowa Code 2022, Chapter 21 (21, 0) §21.2, OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS) 2 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; 2009 Acts, ch 132, §1; 2009 Acts, ch 179, §31 Referred to in §9E.3, 21.11, 23.2, 331.909 21.3 Meetings of governmental bodies. 1. 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. 2. 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; 2020 Acts, ch 1062, §94 Referred to in §372.13 21.4 Public notice. 1. a. Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, 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. b. 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 impracticable. Special access to the meeting may be granted to persons with disabilities. 2. a. Except as otherwise provided in paragraph "c", notice conforming with all of the requirements of subsection 1 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. b. 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. c. If a governmental body is prevented from convening an otherwise properly noticed meeting under the requirements of subsection 1, the governmental body may convene the meeting if the governmental body posts an amended notice of the meeting conforming with all of the requirements of subsection 1. 3. Subsection 1 does not apply to any of the following: a. A meeting reconvened within four hours of the start of its recess, where an announcement of the time, date, and place of the reconvened meeting is made at the original meeting in open session and recorded in the minutes of the meeting and there is no change in the agenda. b. A meeting held by a formally constituted subunit of a parent governmental body during Fri Dec 03 22:33:42 2021 Iowa Code 2022, Chapter 21 (21, 0) 3 OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS), $21.5 a lawful meeting of the parent governmental body or during a recess in that meeting of up to four hours, or a meeting of that subunit immediately following the meeting of the parent governmental body, if the meeting of that subunit is publicly announced in open session 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; 2008 Acts, ch 1032, §201; 2011 Acts, ch 106, §4, 17; 2016 Acts, ch 1025, §1 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 or 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 or sale 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 or reduce the price the governmental body would receive for that property The minutes and the audio recording of a session closed under this paragraph shall be available for public examination when the transaction discussed is completed. h. To discuss information contained in records in the custody of a governmental body that are confidential records pursuant to section 22.7, subsection 50. 1. To discuss patient care quality and process improvement initiatives in a meeting of a public hospital or to discuss marketing and pricing strategies or similar proprietary information in a meeting of a public hospital, where public disclosure of such information would harm such a hospital's competitive position when no public purpose would be served by public disclosure. The minutes and the audio recording of a closed session under this Fri Dec 03 22:33:42 2021 Iowa Code 2022, Chapter 21 (21, 0) §21.5, OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS) 4 paragraph shall be available for public inspection when the public disclosure would no longer harm the hospital's competitive position. For purposes of this paragraph, "public hospital" means a -hospital licensed pursuant to chapter 135Bandgoverned pursuant to chapter 145A, 226, 347, 347A, or 392, or a health care facility operated by an institution governed by the state board of regents. This paragraph does not apply to the information required to be disclosed pursuant to section 347.13, subsection 11, or to any discussions relating to terms or conditions of employment, including but not limited to compensation of an officer or employee or group of officers or employees. 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 not exclude a member of the governmental body from attending a closed session, unless the member's attendance at the closed session creates a conflict of interest for the member due to the specific reason announced as justification for holding the closed session. 5. a. A governmental body shall keep detailed minutes of all discussion, persons present, and action occurring at a closed session, and shall also audio record all of the closed session. b. (1) The detailed minutes and audio 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 audio 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 audio recording by the party seeking enforcement of this chapter. A governmental body shall keep the detailed minutes and audio recording of any closed session for a period of at least one year from the date of that meeting, except as otherwise required by law. (2) This paragraph "b" does not require the office of ombudsman to obtain a court order to examine the detailed minutes and audio recording of a closed session when such examination is relevant to an investigation under chapter 2C and the information sought is not available through other reasonable means. Any portion of the minutes or recording released by a governmental body to the office of ombudsman shall remain confidential pursuant to section 2C.9. 6. 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; 2007 Acts, ch 63, §1, 2; 2008 Acts, ch 1191, §33, 99; 2009 Acts, ch 110, §1; 2011 Acts, ch 106, §5, 6, 17; 2013 Acts, ch 138, §114, 127; 2015 Acts, ch 67, §1; 2016 Acts, ch 1073, §14; 2016 Acts, ch 1074, §1; 2020 Acts, ch 1045, §4 Referred to in 121.3, 21.8, 22.7(60), 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 Fri Dec 03 22:33:42 2021 Iowa Code 2022, Chapter 21 (21, 0) 5 OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS), §21.6 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 and not less than one hundred dollars. However, if a member of a governmental body knowingly participated in such a violation, damages shall be in the amount of not more than two thousand five hundred dollars and not less than one thousand 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, a formal opinion of the Iowa public information board, the attorney general, or the attorney for the governmental body, given in writing, or as memorialized in the minutes of the meeting at which a formal oral opinion was given, or an advisory opinion of the Iowa public information board, the attorney general, or the attorney for the governmental body, given in writing. 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; 2011 Acts, ch 106, §7, 17; 2012 Acts, ch 1115, §1, 17 Referred to in §23.5, 23.6, 23.10 Fri Dec 03 22:33:42 2021 Iowa Code 2022, Chapter 21 (21, 0) §21.7, OFFICIAL MEETINGS OPEN TO PUBLIC (OPEN MEETINGS) 6 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 2007 Acts, ch 22, §11 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 Fri Dec 03 22:33:42 2021 Iowa Code 2022, Chapter 21 (21, 0) Public Meetings 1 27 Chapter 3 Public Meetings Meetings of a city government are crucial. The business of the public must be conducted in open meetings, and therefore they are a necessary function of city govern- ment. The city clerk is often responsible for many of the steps that take place before, during and after the meet- ing. Code of Iowa Chapter 21 discusses the requirements for open meetings and Chapter 380 addresses some of the legislative actions of the council during those meet- ings. Common questions emerge related to what types of gatherings are subject to the open meeting requirements. Any gathering of a majority (or quorum) of city coun- cil members could be considered a meeting if they are discussing or deliberating city business. It is not required that they take action; the act of discussing an issue with- in their decision -making authority can qualify as a meet- ing. A majority of council members gathering in the same place for ministerial or social purposes would not be a meeting as long as they do not discuss city business. The Iowa Public Information Board (IPIB) was creat- ed in 2012 to provide an alternative means to ensure compliance with the open meetings and open records law, and a cost effective process for resolving disputes. This nine member board is appointed by the Governor, subject to confirmation by the Senate with one full- time director that is an attorney. The board has broad authority for rule making and investigations including information pertinent to a complaint or allegation that under any other circumstances could be classified as confidential. Another important power of the board is the ability to make training opportunities available and the authority to require persons who have responsibili- ties in relation to Chapters 21 and 22 to receive periodic training approved by the board. The board does not have jurisdiction over the judicial or legislative branches of state government, or over the Governor's office, but can make recommendations for proposing legislation relating to public access to government information. Questions also arise regarding who is covered under the open meetings law, as the law specifies that "governing bodies" as well as "an advisory board, advisory com- mission, 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." For cities, this law applies to the city council, as well as entities such as the planning and zoning commission, the board of adjustment, library board and the park and recreation commission. It may also apply to other committees or advisory boards if they were created in a formal way by the city The city should seek guidance from its attorney if they are un- sure whether a particular body would be subject to the open meeting requirements. ? Before the Meeting Prior to any meeting of the city council, the city must give notice of that meeting. The requirements to give notice includes posting the time, date and place of that meeting as well as the tentative agenda. This notice must be posted at least 24 hours prior to the meeting in a publicly accessible location and must be provided to the media that have requested to receive it. Notice is also required for a reconvened city council meeting, unless the meeting is reconvened within four hours of recess, and the time and place of the recon- vened meeting is announced in open session at the com- mencement of the original meeting which is recessed and recorded in the minutes of the meeting, and there is no change to the agenda. There is an exception to the 24 hour notice in the event of an emergency. The law does not define an emergency, but does recognize that there may be situations where it is impossible or impracticable to give at least 24 hours notice. 28 I chapter 3 If 24 hours notice is not given, as much notice as possi- ble must be given and the minutes of the meeting must state why proper notice was not given. When the law states a "tentative agenda" must be posted, many times cities wonder what level of detail is actually needed for that agenda. The level of detail is not defined in Code Section 21.4(1), "In a manner reasonably calculated to apprise the public." Certainly, the agenda must provide enough information so citizens can under- stand the nature of the discussion item. An agenda item of "water" might not provide enough information for the public to understand that the council will consider a water rate ordinance at that meeting. Agenda Development The process to develop an agenda may vary from city to city. Procedures such as who can put items on the agen- da and the timing of information can be determined by the city itself. Many cities have adopted procedural rules which establish how an agenda is developed. Some cities allow anyone to put items on the agenda; some require THE CITY OF SAMPLE COUNCILAGENDA SAMPLE CITY.HALL COUNCIL CHAMBERS, STREET ADDRESS February XX, 20XX at 5:30 PM NOTICE TO PUBLIC CALL TO ORDER: Mayor XXXXX ROLL CALL: Council Person 1, Council Person 2, Council Person 3, Council Per APPROVAL OF AGENDA• APPROVAL OF THE CONSENT AGENDA: All items listed under the consent agenda will be enacted by oqe motion. There will be no separate discussion of these items unless a request is made prior to the time Council votes on.the motion: 1. Approve Council Minutes of January XX, 20XX. 2. Approve Bill List in the amount of $XX,XXX.XX 3. Resolution 20XX-XXApproving Contract and Bond for Construction of the Park restroom for $7,969.00. 4. Re"solution 20XX-XX Approving Change Orders totaling $5,326.00 for 20XX Street repairs to XYZ Constructton,', Company 1 , _ 5. Resolution 20XX XX Accepting Quit Claim Deed Regarding South Street Subdivision 6. Liquor Licenses: New: Motorway Sports, Renewals: Fareway Food Store (end of consent agenda items) REPORT: 7. City Cleanup Project - date to be determined RESOLUTIONS: PUBLIC HEARING 8.'ResoIlution 20XX-XX'adopting FY 20XX-20XX Budget Amendment. ORDINANCES: 9. Ordinance 171 Creating the Zoning Ordinance of 20XX and Repealing the Zoning Ordinance o reading. 10. Ordinance 172 Relating to Dogs in City Park, first reading. PUBLIC COMMENTS: ADJOURNMENT: Public Meetings I 29 ) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 those that wish to put an item on the agenda to submit a request form. Some cities only allow items to be placed on the agenda if they come through the mayor or a council member. There is no right or wrong way to de- velop an agenda, but it is important that everyone in the community, the city officials and staff understand how items get on the agenda in their community. Many cities do a detailed council packet. While the agen- da reflects the overall items for discussion and actions of the council, the council packet is developed for the council and includes important information for their review. This packet might include the full text of all res- olutions and ordinances to be discussed by the council, background information on bills for payment, contracts and other items. Some cities mail the packet to the mayor and council a certain number of days prior to the meeting, some cities hand deliver the packet, some email this information and some post it on the city's website. One item that you may see on council agendas is a con- sent agenda. The consent agenda is a tool used to speed up council meetings. The consent agenda allows for sev- eral routine, non -controversial items to be voted upon at one time. Items on the consent agenda often include approval of previous meeting minutes, approval of bills and other simple actions. Cities that use a consent agen- da should provide an opportunity for a council member to take an item off the consent agenda for separate discussion and approval if they choose. During the Meeting During the meeting, the city council and mayor take steps to get the business of the city completed. The city clerk, mayor and council all have different roles to play during that meeting. The mayor serves as the presiding officer, as detailed in Code Section 372.14, and conducts the meeting. The mayor is responsible to help maintain order and deco- rum during the meeting. Over 90 percent of cities in Iowa have the Mayor -Council form of government with a five member council; this varies somewhat with char- tered cities. Therefore, in most cities in Iowa, the may- or cannot vote, not even to break a de. Cities without this form should consult their city Code of ordinances regarding the mayor's authority to take action during a meeting. In the absence of the mayor, the mayor pro- tem conducts the meeting but does not lose the ability to vote on measures before the council. The council meeting is truly a meeting of the council members. They are the voting body that makes policy decisions for the city. The city council controls the purse strings of the city, meaning they approve the budget and expenditures of the community. The city clerk has very specific duties during the meet- ing. The clerk prepares the minutes and the list of bills (or claims) for the council to approve. They often draft language for resolutions or ordinances in consultation with the city attorney. At the meeting, the clerk is re- sponsible for taking minutes of the meeting and record- ing the votes of each council member on each item. The city clerk also needs to submit a monthly budget report and a treasurer's report if the city clerk and treasurer position is combined. A more detailed report should be provided for their department managers. Additionally, the city clerk may be called upon to answer questions or provide expertise on a variety of matters before the council. There are three types of actions that councils take: mo- tions, resolutions and ordinances. Often times the mayor and council may turn to the city clerk for suggestions on the correct approach in any situation. Motions are the most typical action of the council. Mo- tions are used for routine actions, such as approval of minutes, and are effective immediately upon the vote of the council. A simple majority of the council members present need to vote affirmatively to pass a motion. There is no provision for a mayor to veto a motion. Resolutions are statements of policy and have effect be- yond that immediate moment as defined in Code Section 362.2(21). Examples of resolutions include wage reso- lutions, resolutions to approve personnel policies, con- tracts or approval of the annual budget. They are acted upon at one meeting. A majority of all council members need to vote affirmatively to pass a resolution (this is not a majority of those present at the meeting.) 30 1 chapter 3 Under certain circumstances a "super -majority" may be needed for passage, such as a special assessment reso- lution. Normally, the resolution is in effect immediately upon the mayor's signature. If the mayor vetoes a reso- lution, state law requires the mayor to explain the reason in writing and submit it to the council within 14 days af- ter passage. If the council wants to override the veto, it must be done within 30 days of the veto by a two-thirds vote of all the members of the council, not just those in attendance at the meeting (see Code Section 380.6(2)). However, if the mayor does not want to take a position on a resolution, he or she may simply do noth- ing. If the mayor takes no action within 14 days after passage of a resolution, it becomes effective at that time. Resolutions required by statute include: • Approval of subdivision plats • Approval of the sale of city property • Approval of contracts to construct public im- provements Expenditures in excess of 1100,000 on a public improvement project • Acceptance of a public improvement or facility upon its completion • Adoption or amendment of the annual budget • Approval of the Road Use Tax Annual Report • Approval of Bank Depositories An ordinance is a city law of a general or permanent nature. Cities pass a variety of ordinances to establish the duties of city officers; regulate animals, businesses and property; land use; to establish regulations and so on. A majority of all council members need to vote affirmatively at three separate meetings to pass an ordi- nance. This majority of votes is based on the number of council members under your form of government, not on the number of council members present at that meeting. In effect, vacancies act as a "no" vote for an ordinance. Code Section 380.3 allows the requirement to consider an ordinance three separate times to be waived or to `Suspend the Rules' by a three -fourths vote of the council members when necessary to move an ordinance towards passage more quickly. Some ordinances may require a "super -majority" such as Code Section 414.5, which requires a three -fourths favorable vote of all the members of the council. Your city attorney should be consulted when these situations arise. If the mayor vetoes an ordinance, state law requires the mayor to explain the reason in writing and submit it to the council within 14 days after passage. If the council wants to override the veto, it must be done within 30 days of the veto by a two-thirds vote of all the members of the council, not just those in attendance at the meet- ing (see Code Section 380.6(2)). However, if the mayor does not want to take a position on an ordinance, he or she may simply do nothing. If the mayor takes no action within 14 days after passage of an ordinance, the clerk needs to make a notation of that. An ordinance is effec- tive upon publication or posting (which will be discussed shortly) unless a subsequent effective date is provided within an ordinance. El See Appendix Ordinances Required. Public Hearing Some actions of the city require that a public hearing be held before the council can make a final decision. In some cases, these requirements are set by state law. In other cases the city Code itself might require a public hearing to take a certain action. In still other cases the city may decide to hold a public hearing when it is not required, just to obtain more citizen or public feedback on a particular issue. Examples of when a public hearing is required include prior to adoption of the city budget or a budget amend- ment, prior to disposal of real city property, prior to adopting or amending a zoning ordinance, and other various instances. In most circumstances, the require- ments reference Code Section 362.3, which requires notice of the time, date and place of the public hearing to be provided not less than four and no more than 20 days prior to the date of the hearing. Notice of budget and budget amendment hearings must be published not less than 10 and no more than 20 days prior to the hear- ing. Notice of a hearing on proposed zoning changes must be published not less than seven days prior to the hearing. The publication must be made in a newspaper of general circulation in a city over 200 in population. Cities under 200 may make publication by posting in three places designated by local ordinance, usually the library, mayor's office and city hall. Public Meetings 1 31 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Sample hearing notice NOTICE OF PUBLIC HEARING ON THE COMPREHENSIVE PLAN FOR THE CITY OF SAMPLE, IOWA CITY HALL COUNCIL CHAMBERS SAMPLE, IOWA You are hezeby notified that a public hearing will be held on the Comprehensive Plan for the Sample, Iowa on the Xth day of May, 20XX at 11:00' o'clock a.m. at the City Hall Council Chambers, Sample, Iowa. The purpose of the meeting is to inform the public of the compre- hensive plan update development process. All members of the public are invited to attend and may make statements concerning the matter of the Comprehensive Plan. In addition, com- ments may be submitted in writing at that time, or before and said comments' shall be made a part of the public record concerning this hearing. A copy of the current Comprehensive Plan may be reviewed at the City Clerk's Office, Street Address, Sample, Iowa. Closed Session Although openness is required of council meetings, in certain special circumstances cities may want to close public access to a part of the meeting. Code Section 21.5 provides specific reasons and procedures for the dos- ing of public access to a meeting. Broad examples of circumstances where the public access may be denied include: discussion of hiring, firing or performance of an employee when necessary to protect their reputation and they request the meeting be closed, or discussion with the city attorney on litigation, and discussion of real estate transactions until the point that the transac- tion is finalized. The meeting must begin in open session with a call to order and a roll call. In order to go into closed session there must be a motion to hold a closed session that is approved by at least two-thirds of the members or all those present. The minutes must record the votes of individual council members on the question of holding a closed session. In addition, the motion and minutes must state the exemption under Code Secdon 21.5 that permits a closed session. No business can be discussed during the closed session that does not directly relate to the specific reason for the closed session. Upon completion of the closed session, a motion and vote must be taken to end the closed session and return to open session. Final action must be taken in open session. When holding a closed session, the governmental body must keep the following: Detailed, written minutes of: all discussion persons present discussion occurring during the closed session, An audio recording of the entire closed session. The minutes and audio recording are sealed and must be kept by the governmental body for a period of at least one year from the date of the meeting at which the closed session was held. If a lawsuit is brought to enforce the provisions of the open meetings law, then upon order of court, they must be unsealed and exam- ined by the court. The court has to balance what adverse consequences may result from public disclosure against the value of information that is contained in the minutes or on the recording to determine whether to disclose any portion of the closed session. In accordance with Code Secdon 21.5b(2), however, the office of Ombudsman does not need a court order to examine the detailed minutes and audio recording of a closed session if there is an investigation under Code Chapter 2C and the information is unavailable through other reasonable means. Release of the minutes and re- cording by the city in compliance with this section does not change the confidential nature of the closed session under Code Section 2C.9. Iowa courts have the power to enforce the open meet- ings law Any aggrieved person, the attorney general or the county attorney can bring a lawsuit to enforce this law. It is up to the city to prove they complied with the law The following judgments may be entered when the court has found a violation of the open meetings law: 32 j chapter 3 1. The court must assess each member of the gov- erning body who participated in the violation an amount not less than $100 and not more than $500, or for knowingly participating in the viola - don members must be assessed not less than $1,000 and not more than $2,500. 2. A member of a governmental body who violates open meetings laws has a defense to the assess- ment of damages if the member (a) voted against the closed session, or (b) believed with good cause facts that would have indicated compliance with open meetings law or (c) reasonably relied on a court decision, formal attorney general's opinion, a formal opinion of the Iowa Public Information Board, or opinion of attorney for the governmen- tal body, given in writing or memorialized in the meeting minutes, or a written advisory opinion by the attorney general, attorney for the governmen- tal body or the Iowa Public Information Board. 3. All costs and reasonable attorney fees will also be awarded by the court to the party who successfully established in court a violation of the law, and will be assessed against the members found to have participated in the violation. 4. The court must void any action taken in viola- tion of the law if the lawsuit for enforcement is brought within six months of the violation and if the court finds that the public interest in enforcing the policy of the open meetings law outweighs the public interest in sustaining the validity of the action taken in the dosed session. However, the court cannot void 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 indebted- ness. 5. If a member of the governing body has engaged in one prior violation of the open meetings requirements for which damages were assessed against such a member during the member's term, the court must issue an order removing the mem- ber from office. 6. The court may also issue a mandatory injunction punishable by civil contempt ordering the mem- ber of the governing body to refrain for one year from any future violations of the open meetings law. The Iowa Public Information Board also has the power to enforce the open meetings law and the authority to impose similar sanctions against persons and entities found to have violated open meetings laws. Meetings of Other Boards or Commissions As noted earlier, other boards and commissions are subject to open meetings laws, therefore an agenda and minutes should be prepared. Only the city council meet- ing minutes need to be published. After the Meeting Preparation of Minutes (Code Sections 372.13(6), 21.3, 21.5) City clerks are typically responsible for taking council meeting minutes, as mentioned earlier. After the council meeting clerks are required by law to publish or post minutes of the meeting within 15 days. The publication requirement for minutes is the same as the requirement for notices discussed previously in this chapter. Cities under 200 can post minutes in three places as desig- nated by ordinance. Those over 200 must publish in a newspaper of general circulation. Minutes must include the actions of the council and the votes of each council member. Some cities include more information than the minimum required by law, and the amount of informa- tion to include is typically determined by city practice. The following list is required: 1. Type of meeting: regular or special. 2. Time, date and location of the meeting 3. Members present. 4. Who presided over the meeting (mayor or mayor pro-tem). 5. All actions taken. Only the titles of the resolutions and ordinance need to be in the minutes if the full text is filed separately. 6. Results of each vote taken detailed enough to indicate the vote of each council member present. 7. List of claims. The list of claims needs to include the name of the vendor, a description of service 4 a4 4 if d� 5 Public Meetings 33 1 1 1 1 1 1 1 1 1 1' 1 1 1 or purchase and the total amount paid. Addition- ally, a summary of the total expenditures from each city fund and a summary of all receipts must be published. The minutes may also include: • Approval of prior minutes • Filing of reports • Record of all committee appointments • Names of citizens appearing before the council and the nature of their comments When an ordinance is passed by the council it will be- come effective upon publication unless the ordinance itself specifies a later effective date. If no newspaper is published in the city, as opposed to circulated, no matter what the size, the city may also post ordinances and amendments at three public places designated by ordi- nance instead of publishing. Some ordinances are quite lengthy. To save publication costs, cities can summarize ordinances. The summary must include certain items such as the title of the ordinance; a synopsis; a statement that the description is a summary; the location and the normal business hours of the office where the ordi- nance may be inspected; when the ordinance be- comes effective; and the full text of any fines, penalties, forfei- tures, fees or taxes. Legal descriptions of property need to be fully listed. Audio recording of a council meeting is only required for a closed session. There are no rules on the retention or handling of audio recordings used as a convenience during open session. However, if the meetings are re- corded, as long as the audio recordings are in existence, it is considered public record and available to the public pursuant to Code Chapter 22. Pay the Bills In cities where the clerk is also the city treasurer, all claims approved by the counci •need to be paid as soon as possible. See Chapter 11 of this manual for more details. Preparation for the Next Meeting During the preparation of the minutes following the council meeting is the best time to make a note of each item that may require follow up or placement on the next meeting's agenda. In many communities the clerk is asked to relay messages or work orders to other staff. Items on the council's agenda may also require commu- nication with other citizens, engineering firms, the city attorney or other governments that will fall on the clerk for completion before the next meeting. Public Records I 35 Chapter 4 Public Records The majority of the documents created and held by city governments fall into the realm of public records. Public records need to be available to citizens when request- ed. City clerks have significant responsibility for public records. The responsibility takes the form of creating, maintaining, retaining and providing public records upon request. Publication Requirements City clerks often create many of the documents held by city governments or are designated as the central de- pository of records for the city. These documents often become official upon publication in a newspaper that meets specific requirements. As mentioned earlier, city clerks are typically responsible for taking the minutes at city council and other meetings. City clerks are required by Code Section 372.13(6) to publish the minutes of each council meeting within 15 days of the meeting. The minutes must include the vote of each council member and the action taken. The minutes of each meeting must also include the expenditures of each fund, a summary of all receipts and a list of claims. Failure by the clerk to make this publication may result in a simple misdemean- or. Therefore, it is important that city clerks carry out this duty. Many city councils only meet once a month, however the requirement to publish within 15 days remains. This results in clerks needing to publish the minutes prior to council approval at a meeting. Cities in this situa- tion usually publish the minutes prior to approval and then if any amendments are made to the minutes at the next meeting, they are reflected in the minutes of that meeting. Depending on the size of the city, the clerk may need to publish in a newspaper or may be able to publish minutes by posting in three places as designated by ordinance. Those cities under 200 in population can meet the publication requirement in this way. There are different requirements for the publication of ordinances which are not based on population. Upon passage, ordinances must be published to become effec- tive. Ordinances are published in the newspaper if the city has a newspaper published in their city. A city that does not have a newspaper published in their city can meet the requirement by posting in three places desig- nated by ordinance. Cities also have an option to sum- marize ordinances when they publish them. Code Section 380.7(3) requires certain information be included in a summary, such as the title of the ordinance, a synopsis of the essential elements of the ordinance, a statement that the description is a summary, the location and the normal business hours of the office where the full ordi- nance may be inspected, when the ordinance becomes effective, and the full text of any provisions imposing fines, penalties, forfeitures, fees, or taxes as well as legal descriptions of property. Other Publication Requirements Exist The budget and budget amendments require a public hearing to be published no more than 20, but no less than 10 days before the hearing. The same time re- quirements apply for cities that only need to post their hearings. For other items, Code Section 362.3 provides that "if notice of an election, hearing or other official action is required by the city Code, the notice must be published at least once, not less than four nor more than 20 days before the date of the election, hearing or other action." Code Section 414.4 requires zoning public hearing notic- es not less than seven days prior to the hearing. The city must publish the gross salary of each employee at least annually. This list should also include the may- or, council, library staff and volunteers that receive any compensation. A news release about the city's audit or examination must be published before the report can be filed with the State Auditor's office. No public hearing is necessary, only the news release which is prepared by the auditor. 36 1 chapter 4 Cities have other publication requirements related to specific actions of the council for the issuance of public bonds. These notices must be published once, no less than four nor more than 20 days before the sale. There are numerous notices of public hearings and other prescribed actions for capital projects and public improvement projects. If a publication is not done within the required time, the public hearing or other actions of the council cannot be done. Even if it is not the fault of the city, the publica- don must comply with the time requirements. Notices of elections are done by the county auditor's of- fice. However, it is the responsibility of the city to notify the county auditor's office in a timely manner to get the ballot prepared and publication done in accordance with Code Section 49.53. (See Chapter 2 for more details). Codification Cities are required by Code Section 380.8 to compile a city Code of ordinances containing all city ordinances in effect, referred to as 'the city Code'. Exceptions are grade ordinances, bond ordinances, zoning map ordinances, ordinances vacating streets and alleys, and ordinances containing legal descriptions of urban revitalization areas and urban renewal areas. The city clerk must main- tain a copy of the city Code at city hall. Additional copies are frequently placed at the public library and the county law library. Many cities provide a copy of the city Code to their elected officials or post it on their website for public access. The city is required to maintain its city Code in one of three ways: 1. Annual Supplement The city may compile an annual supplement to the city Code of ordinances. This supplement consists of all the new ordinances and amendments to ordinances that became effective during the pre- vious year. This supplement must be adopted by a resolution of the council and placed in the Code of ordinances. 2. Insertion of New Ordinances The city may insert new ordinances or amend- ments to ordinances directly into the Code itself. This must be done at least annually. This works especially well for cities that maintain a copy of their city Code as a word processing document, allowing for quick and convenient updating. Thi: service may also be available to cities that use a private codification company. 3. Compilation Every Five Years If the city does not compile an annual supple- ment, annually insert changes into its Code direct or has not made any additions or amendments to the city Code, it must compile or "codify" the Code of ordinances at least one every five years. If there have been no substantive changes to the Code, the city may simply adopt the Code by ordinance. However, if the city has made addi- tions, amendments or intends to change any Cod provision, it must hold a public hearing on the proposed Code prior to its adoption. Code Sectior 362.3 requires that a notice of the public hearing must be at least four but not more than 20 days prior to the hearing date. The published notice must state that a copy of the proposed Code of ordinances is available for inspection at the city clerk's office. If the council substantially amends the proposed Code of ordinances after the hearin the notice and hearing process must be repeated. Within 30 days after the hearing, the city may adopt the Code of ordinances. Any new ordinanc added during codification become effective upon publication of the ordinance approving the Code of ordinances unless a subsequent effective date provided within an ordinance. Besides being a violation of state law, failure to follow the state requirement for maintaining your Code can result in the city being unable to enforce its laws. In addition, the city should never undertake any changes c amendments to its Code of ordinances without consult- ing its city attorney. Private codification companies are available to provide cities that use their services with sample ordinances. City attorneys may have access to sample ordinances in addition to insight into enforcement issues. Many area councils of government offer a codification service and have model ordinances available. It is the city's responsi Public Records 37 bility to be familiar with the provisions of all ordinances before adoption. Providing Public Records Code of Iowa Chapter 22, commonly known as the open records law; defines public records as "all records, doc- uments, audio recording, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision, nonprofit corporation...or any branch, department, board, bureau, commission, council or committee of any of the foregoing" The law also includes records relating to the investment of public funds, even if they are in the custody of a private third party. Under such a broad definition city officials need to re- member that public records include email, text or other communication to the official, whether received at the city or on the official's own computer or electronic de- vice located outside of city hall, if the communication is a record of or belonging to the city. Public records also may include a list of the city's utility customers and other utility records not specifically made confidential under Iowa law. Keep in mind, however, that Code Section 388.9A explicitly states that public records of a city utility including "private customer information" are not subject to examination or copying under Section 22.2(1) of the Code. For that reason, such records may be considered to be confidential under Iowa raw, which means that cities and utilities are not required :o release those utility records. However, even utility 'ecords which contain private customer information can )e released at the utility's discretion if the city develops . policy under which it determines the release of such ecords to be appropriate. Under the law "private cus- Dmer information includes information identifying a ecific customer and any record of a customer account, icluding internet-based customer account informa- on". ccording to the open records law, every person has the ;ht to examine and copy records. He or she may also iblish or otherwise disseminate the records or the in- rmation contained in the record. The records custodi- should never relinquish possession of public records and is responsible for supervising the examination to protect the records from being damaged, disorganized or removed. Typically, the city is under no obligation to "create" a record. It is only obligated to make existing records available. The city may not charge for the right to examine a pub- lic record, but may charge the actual costs of reproduc- don if requested. The city may charge a fee for copying services that does not exceed the cost of providing the service. In addition, the city may charge a reasonable fee for the cost of supervising the records examination. If there is not suitable space to examine the records where they are stored, the city may also require the examiner to pay any necessary expenses for providing a place for the examination. Best practices would suggest that a policy be established to assure consistent access to public doc- uments and uniformly agreed upon fees. The city may also wish to adopt a policy governing what public documents are to be posted on website and other web hosted databases and how public access is granted to this media. Confidential Records The open records law specifically identifies certain re- cords required to be kept confidential by the custodian of the records. A court order can require the records to be released. More than 60 types of records are confiden- tial under open records law, including most personal in- formation contained in personnel records, appraisals or appraisal information until a contract for sale is signed or the appraisal is furnished to the property owner of property the government is seeking to buy, and records that represent and constitute the work product of an attorney, which are related to litigation or claims made by or against a public body. If the city is unsure whether to allow the examination of a record, the first step is to contact the city attorney for advice. If the attorney is not immediately available the custodian of records has the right to refuse exam- ination. The law specifically states that a good -faith, reasonable delay by a lawful custodian in permitting the examination and copying of a government record is not 38 1 chapter 4 a violation if the purpose of the delay is to determine the status of the record. Code Section 22.8(d) defines a reasonable delay to be less than 20 days --ordinarily not more than ten business days. If the city attorney determines the records are specifi- cally identified as confidential, their examination would clearly not be in the public interest, or the examination would substantially and irreparably injure persons, the attorney may seek a court order restraining the examina- don. On the other hand, failure to comply with the open records law can result in a lawsuit against the city and against persons who participate in the violation of the law, Mandatory assessments for violations include dam- ages up to $500 against the persons violating the law or up to $2,500 if the violation is committed knowingly. Also, the court is required to order payments from those violating the law of costs and attorney fees to the party who establishes the open records law violation. The law specifically states that, "Ignorance of the legal require- ments of this chapter is not a defense to an enforcement proceeding." Managing Public Records Public records are the public property, owned by the citi- zens, and most must be available for public inspection. Having a good organizational plan for records manage- ment may make retrieving requested records easier and quicker for city staff. The city holds records that are not maintained by anyone else and affect many people's lives, and therefore require special care and consider- ation. Additionally, with most Iowa cities being more than 100 years old, the records kept in city hall provide a very important history of the community. The open records law indicates the city is the lawful custodian of the records. The law also requires the city to delegate the responsibility for implementing its public records policy to particular officials or employees. The city must publicly identify these individuals. In some cases, the city clerk is delegated this function. In larger cities, the responsibility may be divided among several individuals, such as department heads. The easiest way to comply with the requirements is for the city to adopt a Records Management Policy that identifies who has been assigned responsibility for maintaining the records. Permanent Records Many of the records held by cities have their basis in law. These documents create a valuable trail of evidence and history of actions taken by the city. Certain city records are addressed in the Code of Iowa or in the Iowa Administrative Code and are required to be maintained for a specific amount of time. Other documents that cities retain may be addressed in state or federal law, and still others may have recommended retentions based on the practical application of the information they contain Certain documents are created as city governments conduct their business. Examples of these include city council meeting minutes, ordinances and resolutions of the city. These documents are required by the Code to be kept permanently. Other examples of permanent re- cords include real property transactions, condemnation, easement and annexation documents and certain finan- cial records such as budgets and amendments. Many records of the city need to meet the Code Section 372.13(5) requirement to be kept for at least five years. For example, many day to day financial records of the city have retention schedules of five years. These might include purchase orders, invoices, cancelled checks/ warrants and receipt books. These are just a few exam- ples of retention periods; the actual length of retention varies greatly depending on the records. Records Retention Manual The Iowa Municipal Finance Officers Association and the Iowa League of Cities worked with the State Ar- chivist from the State Historical Society to develop the Records Retention Manual. The manual is available in the appendix of this manual. Electronic Records Due to space limitations and ease in retrieval, electronic records are a popular way for clerks and other city staff to store city documents. The same rules of access, open- ness and retention apply to electronic records as paper documents. Cities are encouraged to adopt policies on the use and disposal of electronic documents. Items such as email, text or recorded messages and website content should be included in such a document. 1 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), *22.1 CHAPTER 22 EXAMINATION OF PUBLICRECORDS (OPEN RECORDS) Referred to in §2.42, 7C.13, 8B.4A, 8C.4, 8C.5, 10A.105, 11.42, 15.106A, 15.107C, 15.118, 15.318, 15E.46, 16.2D, 16.81, 21.10, 23.1, 23.2, 23.5, 23.6, 23.7, 23.8, 23.10, 23.11, 2313.3, 28A.9, 28E.6, 28E13, 28.1.28, 39A.4, 49.75, 80E1, 84A.1A, 84A.4, 84A.14, 87.11, 88.6, 88.16, 91.12, 97A.5, 978.17, 99D.19, 99E.4, 99E.8, 99F.12, 99G.4, 99G.10, 99G.34, 99G.35, 100C.3, 101A.2, 103A,17, 124E.19, 135.43, 135D.7, 137.109, 144.43, 159.34, 162.2A, 162.10C, 183A.5, 203.16, 203C.24, 204.4, 217.45, 231B.2, 231C.3, 235A.15, 235B.6, 235D.1, 235E.2, 237.18, 237.21, 252B.9, 252B.24, 252.1.2, 256E.7, 256E.12, 256F.4, 256F.10, 25611.2, 2561.7, 261.8, 261B.6, 261E.9, 266.46, 266.47, 272D.2, 279.16, 279.24, 279.38, 279.38A, 279.62, 280.30, 321.197, 321.491, 321A.3, 321N.2, 331.210A, 331.303, 331.305, 331.399, 331.909, 358C.12, 388.10, 411.5, 421.17, 421.48, 422.20, 422.72, 441.28A, 455B.105, 455B.117, 455B.179, 455K.4, 459.304, 459.312, 466.7, 473.7, 480.3, 483A.33, 502.607, 502.809, 502A.15, 505.8, 505.17, 507.10, 507.14, 507A.4, 507C.11, 507E.5, 507F.12, 508.36, 508C.12, 508C.13, 508C.18A, 508D,9, 508E.6, 508E.7, 50811.15, 510B,3, 513B.7, 51513.10, 515.1.13, 518C.11, 521A.7, 521C.3, 521E.8, 521F.9, 521H.6, 521I.9, 522.8, 522B.5A, 522B.14, 523A.801, 5231.201, 523I.202, 5231.213A, 524.215, 529.2, 533.106A, 533.108, 533.501, 533A.10, 533C.507, 535B.10, 535D.15, 536.10, 536A.15, 543B.15, 554.9523, 602.2103, 633A.5107, 679C.106, 679C.108, 685.2, 685.6, 692.18, 714.24, 715A.9A, 809A.18A, 904.602, 915.12 22.1 Definitions. 22.2 Right to examine public records — exceptions. 22.3 Supervision — fees. 22.3A Access to data processing software. 22.4 Public records requests. 22.5 Enforcement of rights. 22.6 Penalty. Repealed by 2011 Acts, ch 106, §16, 17. 22.7 Confidential records. 22.8 Injunction to restrain examination. 22.9 Denial of federal funds — rules. 22.10 Civil enforcement. 22.11 Fair information practices. 22.12 Political subdivisions. 22.13 Settlements — government bodies. 22.13A Personnel settlement agreements — state employees — confidentiality — disclosure. 22.14 Public funds investment records in custody of third parties. 22.15 Personnel records — discipline — employee notification. 22.16 Inspection of records — state archives. 22.1 Definitions. As used in this chapter: 1. "Government body" means this state, or any county; city, township, school corporation, political subdivision, tax -supported district, 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; the governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized; or other entity of this state, or any branch, department, board, bureau, commission, council, committee, official, or officer of any of the foregoing or any employee delegated the responsibility for implementing the requirements of this chapter. 2. "Lawful custodian" means the government body currently in physical possession of the public record. The custodian of a public record in the physical possession of persons outside a government body is the government body owning that record. The records relating to the investment of public funds are the property of the public body responsible for the public funds. Each government body shall delegate to particular officials or employees of that government body the responsibility for implementing the requirements of this chapter and shall publicly announce the particular officials or employees to whom responsibility for implementing the requirements of this chapter has been delegated. "Lawful custodian" does not mean an automated data processing unit of a public body if the data processing unit holds the records solely as the agent of another public body, nor does it mean a unit which holds the records of other public bodies solely for storage. 3. a. "Public records" includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision, 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 tax -supported district in this state, or any branch, department, board, bureau, commission, council, or committee of any of the foregoing. b. "Public records" also includes all records relating to the investment of public funds Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) §22.1, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 2 including but not limited to investment policies, instructions, trading orders, or contracts, -whether-in-the-custody- of the public body -responsible -for- the publ-ie-funds-or-a-fiduciary or other third party [C71, 73, 75, 77, 79, 81, §68A.1] 84 Acts, ch 1145, §1; 84 Acts, ch 1185, §1 C85, §22.1 90 Acts, ch 1271, §702; 91 Acts, ch 258, §27; 92 Acts, ch 1156, §6, 7; 2004 Acts, ch 1019, §2; 2005 Acts, ch 19, §15, 126; 2009 Acts, ch 132, §2; 2009 Acts, ch 179, §32; 2010 Acts, ch 1061, §180; 2017 Acts, ch 29, §20 Referred to in §8A.101, 23.2, 455B.117, 543E.5, 721.1 22.2 Right to examine public records - exceptions. 1. Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record. All rights under this section are in addition to the right to obtain a certified copy of a public record under section 622.46. 2. A government body shall not prevent the examination or copying of a public record by contracting with a nongovernment body to perform any of its duties or functions. 3. If feasible, the custodian of a public record may provide for the electronic examination and copying of a public record in lieu of requiring in -person examination and copying of a public record. This subsection does not apply to searches of all indexes, general and specific, of public records relating to documents, instruments, and muniments of title, for the purpose of performing title searches, real property searches, or creating real property abstracts. 4. However, notwithstanding subsections 1 and 2, a government body is not required to permit access to or use of the following: a. A geographic computer database by any person except upon terms and conditions acceptable to the governing body. The governing body shall establish reasonable rates and procedures for the retrieval of specified records, which are not confidential records, stored in the database upon the request of any person. b. Data processing software developed by the government body or developed by a nongovernment body and used by a government body pursuant to a contractual relationship with the nongovernment body, as provided in section 22.3A. [C71, 73, 75, 77, 79, 81, §68A.2] 84 Acts, ch 1185, §2 C85, §22.2 89 Acts, ch 189, §1; 96 Acts, ch 1099, §14; 98 Acts, ch 1224, §17; 2015 Acts, ch 42, §1; 2020 Acts, ch 1103, §32, 51 Referred to in §8A.106, 8A.341, 22.14, 68B.32A, 331.608, 357A.11A, 388.9, 388.9A, 459.304, 459A.208, 502.809, 904.602 22.3 Supervision - fees. 1. The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian's authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means. Fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of expenses to be incurred in fulfilling the request and such estimated expenses shall be communicated to the requester upon receipt of the request. The lawful custodian may adopt and enforce reasonable rules regarding the examination and copying of the records and the protection of the records against damage or disorganization. The lawful custodian shall provide a suitable place for the examination and copying of the records, but if it is impracticable to do the examination and copying of the records in the Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) 3 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.3A office of the lawful custodian, the person desiring to examine or copy shall pay any necessary —expenses of providing a place for the examination and copying. 2. All expenses of the examination and copying shall be paid by the person desiring to examine or copy. The lawful custodian may charge a reasonable fee for the services of the lawful custodian or the custodian's authorized designee in supervising the examination and copying of the records. If copy equipment is available at the office of the lawful custodian of any public records, the lawful custodian shall provide any person a reasonable number of copies of any public record in the custody of the office upon the payment of a fee. The fee for the copying service as determined by the lawful custodian shall not exceed the actual cost of providing the service. Actual costs shall include only those expenses directly attributable to supervising the examination of and making and providing copies of public records. Actual costs shall not include charges for ordinary expenses or costs such as employment benefits, depreciation, maintenance, electricity, or insurance associated with the administration of the office of the lawful custodian. However, a county recorder shall not charge a fee for the examination and copying of public records necessary to complete and file claims for benefits with the Iowa department of veterans affairs or the United States department of veterans affairs. [C71, 73, 75, 77, 79, 81, §68A.3] C85, §22.3 2001 Acts, ch 44, §2; 2005 Acts, ch 103, §1; 2006 Acts, ch 1010, §14; 2020 Acts, ch 1052, §1 Referred to in §2.42, 8A.341, 321.11, 483A.22A 22.3A Access to data processing software. 1. As used in this section: — — — a. `Access" means the instruction of, communication with, storage of data in, or retrieval of data from a computer. b. "Computer" means an electronic device which performs logical, arithmetical, and memory functions by manipulations of electronic or magnetic impulses, and includes all input, output, processing, storage, and communication facilities which are connected or related to the computer including a computer network. As used in this paragraph, "computer" includes any central processing unit, front-end processing unit, miniprocessor, or microprocessor, and related peripheral equipment such as data storage devices, document scanners, data entry terminal controllers, and data terminal equipment and systems for computer networks. c. "Computer network" means a set of related, remotely connected devices and communication facilities including two or more computers with capability to transmit data among them through communication facilities. d. "Data" means a representation of information, knowledge, facts, concepts, or instructions that has been prepared or is being prepared in a formalized manner and has been processed, or is intended to be processed, in a computer. Data may be stored in any form, including but not limited to a printout, magnetic storage media, disk, compact disc, punched card, or as memory of a computer. e. "Data processing software" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data, and includes any program or set of programs, procedures, or routines used to employ and control capabilities of computer hardware. As used in this paragraph "data processing software" includes but is not limited to an operating system, compiler, assembler, utility, library resource, maintenance routine, application, computer networking program, or the associated documentation. 2. a. A government body may provide, restrict, or prohibit access to data processing software developed by the government body or developed by a nongovernment body and used by a government body pursuant to a contractual relationship with the nongovernment body, regardless of whether the data processing software is separated or combined with a public record. A government body shall establish policies and procedures to provide access to public records which are combined with its data processing software. A public record shall not be withheld from the public because it is combined with data processing software. b. A government body shall not acquire any electronic data processing system for the Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) §22.3A, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 4 storage, manipulation, or retrieval of public records that would impair the government body's ability -to -permit the examination -of -a -public -record and the-copying-of-a--public--record--in- either written or electronic form. c. If a public record is only available as a part of or in combination with data processing software in order to permit the examination or copying of the public record, the government body shall bear the cost of separation of the public record from the data processing software. d. An electronic public record shall be made available in the format in which it is readily accessible to the government body if that format is useable with commonly available data processing or database management software. The government body may make a public record available in a specific format requested by a person that is different from that in which the public record is readily accessible to the government body and may charge the reasonable costs of any required processing, programming, or other work required to produce the public record in the specific format in addition to any other costs allowed under this chapter. e. The cost chargeable to a person receiving a public record separated from data processing software under this subsection shall not be in excess of the charge under this chapter unless the person receiving the public record requests that the public record be specially processed or produced in a format different from that in which the public record is readily accessible to the government body. f A government body may establish payment rates and procedures required to provide access to data processing software, regardless of whether the data processing software is separated from or combined with a public record. Proceeds from payments may be considered repayment receipts, as defined in section 8.2. The payment amount shall be calculated as follows: (1) The amount charged for access to a public record shall be not more than that required to recover direct publication costs, including but not limited to editing, compilation, and media production costs, incurred by the government body in developing the data processing software and preparing the data processing software for transfer to the person. The amount shall be in addition to any other fee required to be paid under this chapter for the examination and copying of a public record. If a person accesses a public record stored in an electronic format that does not require formatting, editing, or compiling to access the public record, the charge for providing the accessed public record shall not exceed the reasonable cost of accessing that public record. The government body shall, if requested, provide documentation which explains and justifies the amount charged. This subparagraph shall not apply to any publication for which a price has been established pursuant to another section, including section 2A.5. (2) If access to the data processing software is provided to a person for a purpose other than provided in subparagraph (1), the amount may be established according to the discretion of the government body, and may be based upon competitive market considerations as determined by the government body. 3. A government body is granted and may apply for and receive any legal protection necessary to secure a right to or an interest in data processing software developed by the government body, including but not limited to federal copyright, patent, and trademark protections, and any trade secret protection available under chapter 550. The government body may enter into agreements for the sale or distribution of its data processing software, including marketing and licensing agreements. The government body may impose conditions upon the use of the data processing software that is otherwise consistent with state and federal law. 96 Acts, ch 1099, §15; 98 Acts, ch 1224, §18; 99 Acts, ch 207, §12; 2003 Acts, ch 35, §38, 49; 2011 Acts, ch 127, §45, 89; 2015 Acts, ch 42, §2 Referred to in §8A.341, 8B.32, 22.2, 22.7(33), 169A.1 22.4 Public records requests. The rights of persons under this chapter may be exercised under any of the following circumstances: 1. In person, at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) 5 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.7 least thirty hours per week, such right may be exercised at any time from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday through Fr-iday,-excluding _legaLholidays, unless the person exercising such right and the lawful custodian agree on a different time. 2. In writing, by telephone, or by electronic means. The lawful custodian of the records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information. [C71, 73, 75, 77, 79, 81, §68A.41 84 Acts, ch 1185, §3 C85, §22.4 2020 Acts, ch 1103, §33, 51 Referred to in §8A.341 22.5 Enforcement of rights. The provisions of this chapter and all rights of persons under this chapter may be enforced by mandamus or injunction, whether or not any other remedy is also available. In the alternative, rights under this chapter also may be enforced by an action for judicial review according to the provisions of the Iowa administrative procedure Act, chapter 17A, if the records involved are records of an "agency" as defined in that Act. [C71, 73, 75, 77, 79, 81, §68A.5] 84 Acts, ch 1185, §4 C85, §22.5 2003 Acts, ch 44, §114 Referred to in §8A.341 22.6 Penalty. Repealed by 2011 Acts, ch 106, §16, 17. 22.7 Confidential records. The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information: 1. Personal information in records regarding a student, prospective student, or former student maintained, created, collected or assembled by or for a school corporation or educational institution maintaining such records. This subsection shall not be construed to prohibit a postsecondary education institution from disclosing to a parent or guardian information regarding a violation of a federal, state, or local law, or institutional rule or policy governing the use or possession of alcohol or a controlled substance if the child is under the age of twenty-one years and the institution determines that the student committed a disciplinary violation with respect to the use or possession of alcohol or a controlled substance regardless of whether that information is contained in the student's education records. This subsection shall not be construed to prohibit a school corporation or educational institution from transferring student records electronically to the department of education, an accredited nonpublic school, an attendance center, a school district, or an accredited postsecondary institution in accordance with section 256.9, subsection 44. 2. Hospital records, medical records, and professional counselor records of the condition, diagnosis, care, or treatment of a patient or former patient or a counselee or former counselee, including outpatient. However, confidential communications between a crime victim and the victim's counselor are not subject to disclosure except as provided in section 915.20A. However, the Iowa department of public health shall adopt rules which provide for the sharing of information among agencies and providers concerning the maternal and child health program including but not limited to the statewide child immunization information system, while maintaining an individual's confidentiality. 3. Trade secrets which are recognized and protected as such by law. 4. Records which represent and constitute the work product of an attorney, which are related to litigation or claim made by or against a public body. 5. Peace officers' investigative reports, privileged records or information specified in section 80G.2, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) §22.7, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 6 disclosure is authorized elsewhere in this Code. However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidentialunderthus-section, except -in those-unusual-circum-stances-where-disclosure- would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual. Specific portions of electronic mail and telephone billing records may only be kept confidential under this subsection if the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired. 6. Reports to governmental agencies which, if released, would give advantage to competitors and serve no public purpose. 7. Appraisals or appraisal information concerning the sale or purchase of real or personal property for public purposes, prior to the execution of any contract for such sale or the submission of the appraisal to the property owner or other interest holders as provided in section 6B.45. 8. Economic development authority information on an industrial prospect with which the authority is currently negotiating. 9. Criminal identification files of law enforcement agencies. However, records of current and prior arrests and criminal history data shall be public records. 10. A claim for compensation and reimbursement for legal assistance and supporting documents submitted to the state public defender for payment from the indigent defense fund established in section 815.11, as provided in section 13B.4A. 11. a. Personal information in confidential personnel records of government bodies relating to identified or identifiable individuals who are officials, officers, or employees of the government bodies. However, the following information relating to such individuals contained in personnel records shall be public records, except as otherwise provided in section 80G.3: (1) The name and compensation of the individual including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to this section or any other applicable provision of law. For purposes of this paragraph, "compensation" means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer, or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits, and deferred compensation. (2) The dates the individual was employed by the government body. (3) The positions the individual holds or has held with the government body. (4) The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual's previous employers, positions previously held, and dates of previous employment. (5) The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. For purposes of this subparagraph, "demoted" and "demotion" mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade. b. Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to 20 U.S.C. §1232g. 12. Financial statements submitted to the department of agriculture and land stewardship pursuant to chapter 203 or chapter 203C, by or on behalf of a licensed grain dealer or warehouse operator or by an applicant for a grain dealer license or warehouse license. 13. The records of a library which, by themselves or when examined with other public records, would reveal the identity of the library patron checking out or requesting an item or information from the library. The records shall be released to a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime. The records shall be released only upon a judicial Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) 7 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.7 determination that a rational connection exists between the requested release of information and -a -legitimate -end -and -that the need for -the -information -is cogent -and -compelling. 14. The material of a library, museum or archive which has been contributed by a private person to the extent of any limitation that is a condition of the contribution. 15. Information concerning the procedures to be used to control disturbances at adult correctional institutions. Such information shall also be exempt from public inspection under section 17A.3. As used in this subsection disturbance means a riot or a condition that can reasonably be expected to cause a riot. 16. Information in a report to the Iowa department of public health, to a local board of health, or to a local health department, which identifies a person infected with a reportable disease. 17. Records of identity of owners of public bonds or obligations maintained as provided in section 76.10 or by the issuer of the public bonds or obligations. However, the issuer of the public bonds or obligations and a state or federal agency shall have the right of access to the records. 18. Communications not required by law, rule, procedure, or contract that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. As used in this subsection, "persons outside of government" does not include persons or employees of persons who are communicating with respect to a consulting or contractual relationship with a government body or who are communicating with a government body with whom an arrangement for compensation exists. Notwithstanding this provision: a. The communication is a public record to the extent that the person outside of government making that communication consents to its treatment as a public record. b. Information contained in the communication is a public record to the extent that it can be disclosed without directly or indirectly indicating the identity of the person outside of government making it or enabling others to ascertain the identity of that person. c. Information contained in the communication is a public record to the extent that it indicates the date, time, specific location, and immediate facts and circumstances surrounding the occurrence of a crime or other illegal act, except to the extent that its disclosure would plainly and seriously jeopardize a continuing investigation or pose a clear and present danger to the safety of any person. In any action challenging the failure of the lawful custodian to disclose any particular information of the kind enumerated in this paragraph, the burden of proof is on the lawful custodian to demonstrate that the disclosure of that information would jeopardize such an investigation or would pose such a clear and present danger. 19. Examinations, including but not limited to cognitive and psychological examinations for law enforcement officer candidates administered by or on behalf of a governmental body, to the extent that their disclosure could reasonably be believed by the custodian to interfere with the accomplishment of the objectives for which they are administered. 20. Information concerning the nature and location of any archaeological resource or site if, in the opinion of the state archaeologist, disclosure of the information will result in unreasonable risk of damage to or loss of the resource or site where the resource is located. This subsection shall not be construed to interfere with the responsibilities of the federal government or the state historic preservation officer pertaining to access, disclosure, and use of archaeological site records. 21. Information concerning the nature and location of any ecologically sensitive resource or site if, in the opinion of the director of the department of natural resources after consultation with the state ecologist, disclosure of the information will result in unreasonable risk of damage to or loss of the resource or site where the resource is located. This subsection shall not be construed to interfere with the responsibilities of the federal government or the director of the department of natural resources and the state ecologist pertaining to access, disclosure, and use of the ecologically sensitive site records. Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) §22.7, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 8 22. Reports or recommendations of the Iowa insurance guaranty association filed or made pursuant to section 515B.10, subsection 1, paragraph "a", subparagraph (2) . 23. Information or reports collected or submitted pursuant to section 508C.12, subsections 3 and 5, and section 508C.13, subsection 2, except to the extent that release is permitted under those sections. 24. Reserved. 25. Financial information, which if released would give advantage to competitors and serve no public purpose, relating to commercial operations conducted or intended to be conducted by a person submitting records containing the information to the department of agriculture and land stewardship for the purpose of obtaining assistance in business planning. 26. Applications, investigation reports, and case records of persons applying for county general assistance pursuant to section 252.25. 27. Marketing and advertising budget and strategy of a nonprofit corporation which is subject to this chapter. However, this exemption does not apply to salaries or benefits of employees who are employed by the nonprofit corporation to handle the marketing and advertising responsibilities. 28. The information contained in records of the centralized employee registry created in chapter 252G, except to the extent that disclosure is authorized pursuant to chapter 252G. 29. Records and information obtained or held by independent special counsel during the course of an investigation conducted pursuant to section 68B.31A. Information that is disclosed to a legislative ethics committee subsequent to a determination of probable cause by independent special counsel and made pursuant to section 68B.31 is not a confidential record unless otherwise provided by law. 30. Information contained in a declaration of paternity completed and filed with the state registrar of vital statistics pursuant to section 144.12A, except to the extent that the information may be provided to persons in accordance with section 144.12A. 31. Memoranda, work products, and case files of a mediator and all other confidential communications in the possession of a mediator, as provided in chapters 86 and 216. Information in these confidential communications is subject to disclosure only as provided in sections 86.44 and 216.15B, notwithstanding any other contrary provision of this chapter. 32. Social security numbers of the owners of unclaimed property reported to the treasurer of state pursuant to section 556.11, subsection 2, included on claim forms filed with the treasurer of state pursuant to section 556.19, included in outdated warrant reports received by the treasurer of state pursuant to section 556.2C, or stored in record systems maintained by the treasurer of state for purposes of administering chapter 556, or social security numbers of payees included on state warrants included in records systems maintained by the department of administrative services for the purpose of documenting and tracking outdated warrants pursuant to section 556.2C. 33. Data processing software, as defined in section 22.3A, which is developed by a government body or developed by a nongovernment body and used by a government body pursuant to a contractual relationship with the nongovernment body. 34. A record required under the Iowa financial transaction reporting Act listed in section 529.2, subsection 9. 35. Records of the Iowa department of public health pertaining to participants in the gambling treatment program except as otherwise provided in this chapter. 36. Records of a law enforcement agency or the state department of transportation regarding the issuance of a driver's license under section 321.189A. 37. Mediation communications as defined in section 679C.102, except written mediation agreements that resulted from a mediation which are signed on behalf of a governing body. However, confidentiality of mediation communications resulting from mediation conducted pursuant to chapter 216 shall be governed by chapter 216. 38. a. Records containing information that would disclose, or might lead to the disclosure of, private keys used in an electronic signature or other similar technologies as provided in chapter 554D. Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) 9 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.7 b. Records which if disclosed might jeopardize the security of an electronic transaction pursuant tochapter554D. 39. Information revealing the identity of a packer or a person who sells livestock to a packer as reported to the department of agriculture and land stewardship pursuant to section 202A.2. 39A. Information related to the registration and identification of any premises where animals are kept as authorized pursuant to the foreign animal disease preparedness and response strategy as provided in section 163.3C. 40. The portion of a record request that contains an internet protocol number which identifies the computer from which a person requests a record, whether the person using such computer makes the request through the IowAccess network or directly to a lawful custodian. However, such record may be released with the express written consent of the person requesting the record. 41. a. Medical examiner records and reports, including preliminary reports, investigative reports, and autopsy reports. b. Notwithstanding paragraph "a", the following shall be released as follows: (1) Medical examiner -authored records and reports, including preliminary reports, investigative reports, and autopsy reports, shall be released to a law enforcement agency that is investigating the death, upon the request of the law enforcement agency. (2) Preliminary reports of investigations by the medical examiner and autopsy reports for a decedent by whom an anatomical gift was made in accordance with chapter 142C shall be released to a procurement organization as defined in section 142C.2, upon the request of such procurement organization, unless such disclosure would jeopardize an investigation or pose a clear and present danger to the public safety or the safety of an individual. (3) Autopsy reports shall be released to the decedent's immediate next of kin, upon the request of the decedent's immediate next of kin, unless disclosure to the decedent's immediate next of kin would jeopardize an investigation or pose a clear and present danger to the public safety or the safety of an individual. c. Information regarding the cause and manner of death shall not be kept confidential under this subsection, unless disclosure would jeopardize an investigation or pose a clear and present danger to the public safety or the safety of an individual. 42. Information obtained by the commissioner of insurance in the course of an investigation as provided in section 523C.23. 43. Information obtained by the commissioner of insurance pursuant to section 502.607. 44. Information provided to the court and state public defender pursuant to section 13B.4, subsection 5; section 814.11, subsection 7; or section 815.10, subsection 5. 45. The critical asset protection plan or any part of the plan prepared pursuant to section 29C.8 and any information held by the department of homeland security and emergency management that was supplied to the department by a public or private agency or organization and used in the development of the critical asset protection plan to include, but not be limited to, surveys, lists, maps, or photographs. Communications and asset information not required by law, rule, or procedure that are provided to the director by persons outside of government and for which the director has signed a nondisclosure agreement are exempt from public disclosures. The department of homeland security and emergency management may provide all or part of the critical asset plan to federal, state, or local governmental agencies which have emergency planning or response functions if the director is satisfied that the need to know and intended use are reasonable. An agency receiving critical asset protection plan information from the department shall not redisseminate the information without prior approval of the director. 46. Military personnel records recorded by the county recorder pursuant to section 331.608. 47. A report regarding interest held in agricultural land required to be filed pursuant to chapter 10B. 48. Sex offender registry records under chapter 692A, except as provided in section 692A.121. Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) §22.7, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 10 49. Confidential information, as defined in section 86.45, subsection 1, filed with the workers' —compensation -commissioner 50. Information and records concerning physical infrastructure, cyber security, critical infrastructure, security procedures, or emergency preparedness developed, maintained, or held by a government body for the protection of life or property, if disclosure could reasonably be expected to jeopardize such life or property. a. Such information and records include but are not limited to information directly related to vulnerability assessments; information contained in records relating to security measures such as security and response plans, security codes and combinations, passwords, restricted area passes, keys, and security or response procedures; emergency response protocols; and information contained in records that if disclosed would significantly increase the vulnerability of critical physical systems or infrastructures to attack. b. For purposes of this subsection, "cyber security information and records" include but are not limited to information and records relating to cyber security defenses, threats, attacks, or general attempts to attack cyber system operations. 51. The information contained in the information program established in section 124.551, except to the extent that disclosure is authorized pursuant to section 124.553. 52. a. The following records relating to a charitable donation made to a foundation acting solely for the support of an institution governed by the state board of regents, to the board of the Iowa state fair foundation when the record relates to a gift for deposit in or expenditure from the Iowa state fairgrounds trust fund as provided in section 173.22A, to a foundation acting solely for the support of an institution governed by chapter 260C, to a private foundation as defined in section 509 of the Internal Revenue Code organized for the support of a government body, or to an endow Iowa qualified community foundation, as defined in section 15E.303, organized for the support of a government body: (1) Portions of records that disclose a donor's or prospective donor's personal, financial, estate planning, or gift planning matters. (2) Records received from a donor or prospective donor regarding such donor's prospective gift or pledge. (3) Records containing information about a donor or a prospective donor in regard to the appropriateness of the solicitation and dollar amount of the gift or pledge. (4) Portions of records that identify a prospective donor and that provide information on the appropriateness of the solicitation, the form of the gift or dollar amount requested by the solicitor, and the name of the solicitor. (5) Portions of records disclosing the identity of a donor or prospective donor, including the specific form of gift or pledge that could identify a donor or prospective donor, directly or indirectly, when such donor has requested anonymity in connection with the gift or pledge. This subparagraph does not apply to a gift or pledge from a publicly held business corporation. b. The confidential records described in paragraph "a", subparagraphs (1) through (5), shall not be construed to make confidential those portions of records disclosing any of the following: (1) The amount and date of the donation. (2) Any donor -designated use or purpose of the donation. (3) Any other donor -imposed restrictions on the use of the donation. (4) When a pledge or donation is made expressly conditioned on receipt by the donor, or any person related to the donor by blood or marriage within the third degree of consanguinity, of any privilege, benefit, employment, program admission, or other special consideration from the government body, a description of any and all such consideration offered or given in exchange for the pledge or donation. c. Except as provided in paragraphs "a" and "b", portions of records relating to the receipt, holding, and disbursement of gifts made for the benefit of regents institutions and made through foundations established for support of regents institutions, including but not limited to written fund-raising policies and documents evidencing fund-raising practices, shall be subject to this chapter. Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) 11 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.7 d. This subsection does not apply to a report filed with the Iowa ethics and campaign disclosure -board -pursuant -to section -8.T 53. Information obtained and prepared by the commissioner of insurance pursuant to section 507.14. 54. Information obtained and prepared by the commissioner of insurance pursuant to section 507E.5. 55. An intelligence assessment and intelligence data under chapter 692, except as provided in section 692.8A. 56. Individually identifiable client information contained in the records of the state database created as a homeless management information system pursuant to standards developed by the United States department of housing and urban development and utilized by the economic development authority 57. The following information contained in the records of any governmental body relating to any form of housing assistance: a. An applicant's social security number. b. An applicant's personal financial history. c. An applicant's personal medical history or records. d. An applicant's current residential address when the applicant has been granted or has made application for a civil or criminal restraining order for the personal protection of the applicant or a member of the applicant's household. 58. Information filed with the commissioner of insurance pursuant to sections 523A.204, 523A.205, 523A.206, 523A.207, 523A.401, 523A.502A, and 523A.803. 59. The information provided in any report, record, claim, or other document submitted to the treasurer of state pursuant to chapter 556 concerning unclaimed or abandoned property, except the name and last known address of each person appearing to be entitled to unclaimed or abandoned property paid or delivered to the treasurer of state pursuant to that chapter. 60. Information in a record that would permit a governmental body subject to chapter 21 to hold a closed session pursuant to section 21.5 in order to avoid public disclosure of that information, until such time as final action is taken on the subject matter of that information. Any portion of such a record not subject to this subsection, or not otherwise confidential, shall be made available to the public. After the governmental body has taken final action on the subject matter pertaining to the information in that record, this subsection shall no longer apply. This subsection shall not apply more than ninety days after a record is known to exist by the governmental body, unless it is not possible for the governmental body to take final action within ninety days. The burden shall be on the governmental body to prove that final action was not possible within the ninety -day period. 61. Records of the department on aging pertaining to clients served by the state office or a local office of public guardian as defined in section 231E.3. 62. Records maintained by the department on aging or office of long-term care ombudsman that disclose the identity of a complainant, resident, tenant, or individual receiving services provided by the department on aging, an area agency on aging, or the office of long-term care ombudsman, unless disclosure is otherwise allowed under section 231.42, subsection 12, paragraph "a". 63. Information obtained by the superintendent of credit unions in connection with a complaint response process as provided in section 533.501, subsection 3. 64. Information obtained by the commissioner of insurance in the course of an examination of a cemetery as provided in section 523I.213A, subsection 7. 65. Tentative, preliminary, draft, speculative, or research material, prior to its completion for the purpose for which it is intended and in a form prior to the form in which it is submitted for use or used in the actual formulation, recommendation, adoption, or execution of any official policy or action by a public official authorized to make such decisions for the governmental body or the government body. This subsection shall not apply to public records that are actually submitted for use or are used in the formulation, recommendation, adoption, or execution of any official policy or action of a governmental body or a government body by a public official authorized to adopt or execute official policy for the governmental body or the government body. Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) $22.7, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 12 66. Personal information contained on electronic driver's license or nonoperator's identification card records that is provided by the licensee or card holder to the department of-transportationor-use-by4a-w-enforce rent first -responders, emergency medical -service providers, and other medical personnel responding to or assisting with an emergency. 67. Electronic mail addresses of individuals or phone numbers of individuals, and personally identifiable information about those individuals, collected by state departments and agencies for the sole purpose of disseminating emergency or routine information and notices through electronic communications that are not prepared for a specific recipient. 68. Information required to be provided by a disclosing entity pursuant to 42 C.F.R. §455.104, pertaining to an individual with an ownership or control interest who is an officer or director of a nonprofit corporation. 69. The evidence of public employee support for the certification, retention and recertification, or decertification of an employee organization as defined in section 20.3 that is submitted to the public employment relations board as provided in section 20.14 or 20.15. 70. Information indicating whether a public employee voted in a certification, retention and recertification, or decertification election held pursuant to section 20.15 or how the employee voted on any question on a ballot in such an election. 71. Information and records related to cyber security information or critical infrastructure, the disclosure of which may expose or create vulnerability to critical infrastructure systems, held by the utilities board of the department of commerce or the department of homeland security and emergency management for purposes relating to the safeguarding of telecommunications, electric, water, sanitary sewage, storm water drainage, energy, hazardous liquid, natural gas, or other critical infrastructure systems. For purposes of this subsection, "cyber security information" includes but is not limited to information relating to cyber security defenses, threats, attacks, or general attempts to attack cyber system operations. 72. The voter verification number, as defined in section 53.2, subsection 4, paragraph "c", that is assigned to a voter and maintained and updated in the statewide voter registration system. 73. The personal identification number assigned by the state commissioner of elections pursuant to section 48A.10A, subsection 1. 74. Personal information as defined in section 22A.1. [C71, 73, 75, 77, 79, 81, §68A.7; 81 Acts, ch 36, §1, ch 37, §1, ch 38, §1, ch 62, §4] 83 Acts, ch 90, §9; 84 Acts, ch 1014, §1; 84 Acts, ch 1185, §5, 6 C85, §22.7 85 Acts, ch 134, §16; 85 Acts, ch 175, §1; 85 Acts, ch 208, §1; 86 Acts, ch 1184, §1; 86 Acts, ch 1228, §1; 87 Acts, ch 223, §20; 88 Acts, ch 1010, §1; 88 Acts, ch 1256, §1; 89 Acts, ch 194, §1; 89 Acts, ch 304, §102; 89 Acts, ch 311, §22; 90 Acts, ch 1017, §1; 90 Acts, ch 1271, *703; 92 Acts, ch 1212, §3; 93 Acts, ch 79, §2; 93 Acts, ch 163, §27; 94 Acts, ch 1023, *76; 94 Acts, ch 1064, §1; 94 Acts, ch 1092, §1; 94 Acts, ch 1174, §1; 95 Acts, ch 100, §1; 95 Acts, ch 129, §1; 95 Acts, ch 191, §1; 96 Acts, ch 1037, §1; 96 Acts, ch 1099, §16; 96 Acts, ch 1133, §38; 96 Acts, ch 1150, §1; 96 Acts, ch 1212, §10; 97 Acts, ch 92, §1; 97 Acts, ch 159, §1; 98 Acts, ch 1062, §8, 9; 98 Acts, ch 1073, §9; 98 Acts, ch 1090, *59, 84; 99 Acts, ch 88, §1, 11, 13; 99 Acts, ch 146, *43; 2000 Acts, ch 1014, §1; 2000 Acts, ch 1140, §1; 2000 Acts, ch 1147, §27; 2000 Acts, ch 1161, §1; 2000 Acts, ch 1189, §25; 2001 Acts, ch 24, §17; 2001 Acts, ch 108, §1; 2002 Acts, ch 1038, §1; 2002 Acts, ch 1067, §13; 2002 Acts, ch 1076, §2; 2002 Acts, ch 1098, §1; 2002 Acts, ch 1117, §53, 56; 2003 Acts, ch 114, §1; 2003 Acts, ch 145, *286; 2003 Acts, ch 179, §157; 2004 Acts, ch 1091, §3; 2004 Acts, ch 1104, §4; 2004 Acts, ch 1147, §6; 2004 Acts, ch 1161, §65, 68; 2004 Acts, ch 1175, *462, 468; 2005 Acts, ch 19, §16; 2005 Acts, ch 68, §2; 2005 Acts, ch 168, §8, 23; 2006 Acts, ch 1054, §1, 2; 2006 Acts, ch 1117, §2; 2006 Acts, ch 1122, §1; 2006 Acts, ch 1127, §1; 2006 Acts, ch 1147, §1, 11; 2006 Acts, ch 1148, §1; 2006 Acts, ch 1185, §57, 58, 92; 2007 Acts, ch 37, §1; 2007 Acts, ch 62, §1; 2007 Acts, ch 126, §11; 2007 Acts, ch 175, §1; 2008 Acts, ch 1032, *201; 2008 Acts, ch 1144, §2, 12, 13; 2008 Acts, ch 1191, §34, 99; 2009 Acts, ch 23, §6; 2009 Acts, ch 48, §1; 2009 Acts, ch 119, §33; 2010 Acts, ch 1121, §1; 2011 Acts, ch 20, §3; 2011 Acts, ch 30, §1; 2011 Acts, ch 79, §2; 2011 Acts, ch 106, §8 - 10, 17; 2011 Acts, ch 118, §39, 85, 89; 2012 Acts, ch 1086, §1; 2012 Acts, ch 1115, §2, 17; 2013 Acts, ch 18, §4; 2013 Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) 13 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.8 Acts, ch 29, §7; 2013 Acts, ch 103, §1; 2013 Acts, ch 116, §2; 2013 Acts, ch 129, §47; 2014 Acts, ch 1-136;§23; 201-Acts,,chL2, §3; 2015 Acts, ch 60, §1; 2015 Acts, ch 128, §1, 50, 51; 2015 Acts, ch 138, §12, 161, 162; 2016 Acts, ch 1018, §1; 2016 Acts, ch 1085, §1, 3; 2017 Acts, ch 2, §19, 20, 26, 27, 50, 53, 54; 2017 Acts, ch 21, §1, 2; 2017 Acts, ch 54, §13; 2017 Acts, ch 110, §1; 2017 Acts, ch 122, §1, 2; 2017 Acts, ch 156, §1; 2018 Acts, ch 1041, §119; 2018 Acts, ch 1048, §1; 2021 Acts, ch 120, §1; 2021 Acts, ch 149, §2 Referred to in §2C.9, 10B.5, 15.274, 21.5, 22.10, 22.15, 29C.17A, 34A.7A, 47.1, 68B.31, 68B.32B, 76.11, 80B.13A, 80G.1, 87.11, 9913.19, 99E.8, 99F.12, 99G.34, 100.5, 124.553, 135.43, 1350.4, 136A.7, 147A.26, 163.3C, 16613.10, 173.22A, 202A.2, 203.11B, 20313.4, 206.23A, 206.23B, 232.149, 252G.5, 263B.10, 266.46, 266.47, 279.51A, 280.19A, 299A.11, 321.189A, 388.2A, 452A.33, 455B.117, 462A.7, 465C.14, 466B.43, 466B.44, 466B.47, 466B.49, 468.17A, 476.74, 477A.7, 510C.2, 515.103, 515J.13, 523A.204, 523A.205, 523A.206, 523A.207, 523A.401, 523A.502A, 523A.803, 523C.23, 556.24A, 692.8A, 692.18, 692C.1, 708.2B, 716.6B, 901.5B, 901C.2, 901C.3, 907.4, 907.9, 915.90 Future repeal of subsection 39 if substantially similar federal legislation or regulation is implemented; finding and order by secretary of agriculture; 99 Acts, ch 88, $11 2017 amendment to subsection 11, paragraph a, subparagraph (5) takes effect February 17, 2017, and applies to all information described in subparagraph (5), as amended, relating to information placed in an individual's personnel records on or after February 17, 2017; 2017 Acts, ch 2, $53, 54 NEW subsections -39A -and 74 - - - - -- 22.8 Injunction to restrain examination. 1. The district court may grant an injunction restraining the examination, including copying, of a specific public record or a narrowly drawn class of public records. A hearing shall be held on a request for injunction upon reasonable notice as determined by the court to persons requesting access to the record which is the subject of the request for injunction. It shall be the duty of the lawful custodian and any other person seeking an injunction to ensure compliance with the notice requirement. Such an injunction may be issued only if the petition supported by affidavit shows and if the court finds both of the following: a. That the examination would clearly not be in the public interest. b. That the examination would substantially and irreparably injure any person or persons. 2. An injunction shall be subject to the rules of civil procedure except that the court in its discretion may waive bond. 3. In actions brought under this section the district court shall take into account the policy of this chapter that free and open examination of public records is generally in the public interest even though such examination may cause inconvenience or embarrassment to public officials or others. A court may issue an injunction restraining examination of a public record or a narrowly drawn class of such records, only if the person seeking the injunction demonstrates by clear and convincing evidence that this section authorizes its issuance. An injunction restraining the examination of a narrowly drawn class of public records may be issued only if such an injunction would be justified under this section for every member within the class of records involved if each of those members were considered separately. 4. Good -faith, reasonable delay by a lawful custodian in permitting the examination and copying of a government record is not a violation of this chapter 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 such an injunction or should seek such an injunction. c. To determine whether the government record in question is a public record, or 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. e. Actions for injunctions under this section may be brought by the lawful custodian of a government record, or by another government body or person who would be aggrieved or adversely affected by the examination or copying of such a record. f The rights and remedies provided by this section are in addition to any rights and remedies provided by section 17A.19. [C71, 73, 75, 77, 79, 81, §68A.8] 84 Acts, ch 1185, §7 C85, §22.8 Referred to in *23.5, 23.11 Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) §22.9, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 14 22.9 Denial of federal funds — rules. 1. If it is determined -that an provision -of -this ehapter-would eause-the-denial of -funds, services or essential information from the United States government which would otherwise definitely be available to an agency of this state, such provision shall be suspended as to such agency, but only to the extent necessary to prevent denial of such funds, services, or essential information. 2. An agency within the meaning of section 17A.2, subsection 1, shall adopt as a rule, in each situation where this section is believed applicable, the agency's determination identifying those particular provisions of this chapter that must be waived in the circumstances to prevent the denial of federal funds, services, or information. [C71, 73, 75, 77, 79, 81, §68A.9] 84 Acts, ch 1185, §8 C85, §22.9 2018 Acts, ch 1041, §8 22.10 Civil enforcement. 1. The rights and remedies provided by this section are in addition to any rights and remedies provided by section 17A.19. Any aggrieved person, any taxpayer to or citizen of the state of Iowa, or the attorney general or any county attorney, may seek judicial enforcement of the requirements of this chapter in an action brought against the lawful custodian and any other persons who would be appropriate defendants under the circumstances. Suits to enforce this chapter shall be brought in the district court for the county in which the lawful custodian has its principal place of business. 2. Once a party seeking judicial enforcement of this chapter demonstrates to the court that the defendant is subject to the requirements of this chapter, that the records in question are government records, and that the defendant refused to make those government records available for examination and copying by the plaintiff, the burden of going forward shall be on the defendant to demonstrate compliance with the requirements of this chapter. 3. Upon a finding by a preponderance of the evidence that a lawful custodian has violated any provision of this chapter, a court: a. Shall issue an injunction punishable by civil contempt ordering the offending lawful custodian and other appropriate persons to comply with the requirements of this chapter in the case before it and, if appropriate, may order the lawful custodian and other appropriate persons to refrain for one year from any future violations of this chapter. b. Shall assess the persons who participated in its violation damages in the amount of not more than five hundred dollars and not less than one hundred dollars. However, if a person knowingly participated in such a violation, damages shall be in the amount of not more than two thousand five hundred dollars and not less than one thousand dollars. These damages shall be paid by the court imposing them to the state of Iowa if the body in question is a state government body, or to the local government involved if the body in question is a local government body. A person found to have violated this chapter shall not be assessed such damages if that person proves that the person did any of the following: (1) Voted against the action violating this chapter, refused to participate in the action violating this chapter, or engaged in reasonable efforts under the circumstances to resist or prevent the action in violation of this chapter. (2) Had good reason to believe and in good faith believed facts which, if true, would have indicated compliance with the requirements of this chapter. It shall constitute such good reason and good faith belief and a court shall not assess any damages, costs, or fees under this subsection if the person incorrectly balanced the right of the public to receive public records against the rights and obligations of the government body to maintain confidential records as provided in section 22.7 under any judicially created balancing test, unless the person is unable to articulate any reasonable basis for such balancing. (3) Reasonably relied upon a decision of a court, a formal opinion of the Iowa public information board, the attorney general, or the attorney for the government body, given in writing, or as memorialized in the minutes of the meeting at which a formal oral opinion was Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) 15 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.11 given, or an advisory opinion of the Iowa public information board, the attorney general, or the attorney -for -thegaver-nrnent-body given -in- -writing_ c. Shall order the payment of all costs and reasonable attorney fees, including appellate attorney fees, to any plaintiff successfully establishing a violation of this chapter in the action brought under this section. The costs and fees shall be paid by the particular persons who were assessed damages under paragraph "b" of this subsection. If no such persons 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 plaintiff from the budget of the offending government body or its parent. d. Shall issue an order removing a person from office if that person has engaged in a prior violation of this chapter for which damages were assessed against the person during the person's term. 4. Ignorance of the legal requirements of this chapter is not a defense to an enforcement proceeding brought under this section. A lawful custodian or its designee in doubt about the legality of allowing the examination or copying or refusing to allow the examination or copying of a government record is authorized to bring suit at the expense of that government body in the district court of the county of the lawful custodian's principal place of business, or to seek an opinion of the attorney general or the attorney for the lawful custodian, to ascertain the legality of any such action. 84 Acts, ch 1185, §9; 2005 Acts, ch 99, §2; 2011 Acts, ch 106, §11, 12, 17; 2012 Acts, ch 1115, §3, 17; 2021 Acts, ch 183, §6 Referred to in §23.5, 23.6, 23.10 Subsection 3, paragraph b, subparagraph (2) amended 22.11 Fair information practices. This section may be cited as the "Iowa Fair Information Practices Act". It is the intent of this section to require that the information policies of state agencies are clearly defined and subject to public review and comment. 1. Each state agency as defined in chapter 17A shall adopt rules which provide the following: a. The nature and extent of the personally identifiable information collected by the agency, the legal authority for the collection of that information, and a description of the means of storage. b. A description of which of its records are public records, which are confidential records, and which are partially public and partially confidential records and the legal authority for the confidentiality of the records. The description shall indicate whether the records contain personally identifiable information. c. The procedure for providing the public with access to public records. d. The procedures for allowing a person to review a government record about that person and have additions, dissents, or objections entered in that record unless the review is prohibited by statute. e. The procedures by which the subject of a confidential record may have a copy of that record released to a named third party f The procedures by which the agency shall notify persons supplying information requested by the agency of the use that will be made of the information, which persons outside of the agency might routinely be provided this information, which parts of the information requested are required and which are optional and the consequences of failing to provide the information requested. g. Whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system. 2. A state agency shall not use any personally identifiable information after July 1, 1988, unless it is in a record system described by the rules required by this section. 84 Acts, ch 1185, §10 Referred to in §22.12 Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) §22.12, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 16 22.12 Political subdivisions. A -political -subdivision -or- public -body-which is-not-a-state-agency-as-defi-ned--in-chapter- 17A is not required to adopt policies to implement section 22.11. However, if a public body chooses to adopt policies to implement section 22.11 the policies must be adopted by the elected governing body of the political subdivision of which the public body is a part. The elected governing body must give reasonable notice, make the proposed policy available for public inspection and allow full opportunity for the public to comment before adopting the policy. If the public body is established pursuant to an agreement under chapter 28E, the policy must be adopted by a majority of the public agencies party to the agreement. These policies shall be kept in the office of the county auditor if adopted by the board of supervisors, the city clerk if adopted by a city, and the chief administrative officer of the public body if adopted by some other elected governing body. 84 Acts, ch 1185, §11 22.13 Settlements — government bodies. When a government body reaches a final, binding, written settlement agreement that resolves a legal dispute claiming monetary damages, equitable relief, or a violation of a rule or statute, the government body shall, upon request and to the extent allowed under applicable law, prepare a brief summary of the resolution of the dispute indicating the identity of the parties involved, the nature of the dispute, and the terms of the settlement, including any payments made by or on behalf of the government body and any actions to be taken by the government body. A government body is not required to prepare a summary if the settlement agreement includes the information required to be included in the summary. The settlement agreement and any required summary shall be a public record. 91 Acts, ch 96, §1; 2011 Acts, ch 106, §13, 17 Referred to in §22.13A 22.13A Personnel settlement agreements — state employees — confidentiality — disclosure. 1. For purposes of this section: a. "Personnel settlement agreement" means a binding legal agreement between a state employee and the state employee's employer, subject to section 22.13, to resolve a personnel dispute including but not limited to a grievance. "Personnel settlement agreement" does not include an initial decision by a state employee's employer concerning a personnel dispute or grievance. b. "State employee" means an employee of the state who is an employee of the executive branch as described in sections 7E.2 and 7E.5. 2. Personnel settlement agreements shall not contain any confidentiality or nondisclosure provision that attempts to prevent the disclosure of the personnel settlement agreement. In addition, any confidentiality or nondisclosure provision in a personnel settlement agreement is void and unenforceable. 3. The requirements of this section shall not be superseded by any provision of a collective bargaining agreement. 4. All personnel settlement agreements shall be made easily accessible to the public on an internet site maintained as follows: a. For personnel settlement agreements with an employee of the executive branch, excluding an employee of the state board of regents or institution under the control of the state board of regents, by the department of administrative services. b. For personnel settlement agreements with an employee of the state board of regents or institution under the control of the state board of regents, by the state board of regents. 5. a. A state agency shall not enter into a personnel settlement agreement with a state employee on behalf of the state unless the personnel settlement agreement is first reviewed by the attorney general or the attorney general's designee. Additionally, a state agency shall not enter into a personnel settlement agreement with a state employee on behalf of the state unless the agreement has been approved in writing by the following individuals: (1) For a state agency other than an institution governed by the board of regents, the Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) 17 EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS), §22.16 director of the department of management, the director of the department of administrative services; and t e -head -of the-stateagency (2) For an institution governed by the board of regents, the executive director of the board of regents and the head of the institution. b. If paragraph "a", subparagraph (1) or (2) is not consistent with the provision of a collective bargaining agreement, a state agency shall provide the individuals referenced in this subsection, as applicable, with regular reports regarding any personnel settlement agreements entered into with state employees by the state agency. 2017 Acts, ch 2, §51, 53; 2017 Acts, ch 170, §30, 43 22.14 Public funds investment records in custody of third parties. 1. The records of investment transactions made by or on behalf of a public body are public records and are the property of the public body whether in the custody of the public body or in the custody of a fiduciary or other third party. 2. If such records of public investment transactions are in the custody of a fiduciary or other third party, the public body shall obtain from the fiduciary or other third party records requested pursuant to section 22.2. 3. If a fiduciary or other third party with custody of public investment transactions records fails to produce public records within a reasonable period of time as requested by the public body, the public body shall make no new investments with or through the fiduciary or other third party and shall not renew existing investments upon their maturity with or through the fiduciary or other third party The fiduciary or other third party shall be liable for the penalties imposed under statute, common law, or contract due to the acts or omissions of the fiduciary or other third party. 92 Acts, ch 1156, §8; 2011 Acts, ch 106, §14, 17 22.15 Personnel records — discipline — employee notification. A government body that takes disciplinary action against an employee that may result in information described in section 22.7, subsection 11, paragraph "a", subparagraph (5), being placed in the employee's personnel record, prior to taking such disciplinary action, shall notify the employee in writing that the information placed in the employee's personnel record as a result of the disciplinary action may become a public record. 2017 Acts, ch 2, §52, 53; 2018 Acts, ch 1026, §11 22.16 Inspection of records — state archives. 1. Notwithstanding any provision of law to the contrary, a public record that is an archive, as defined in section 305.2, shall be available for public examination and copying under this chapter if the public record was created at least one hundred years prior to a request for access to the record, subject to the requirements of this section. 2. A public record as described in this section shall not be available for examination and copying under any of the following circumstances: a. The public record is ordered to be sealed and is not subject to inspection by any federal or state court. b. The public record is prohibited from being disclosed under any federal law, rule, or regulation. 2018 Acts, ch 1125, §1 Fri Dec 03 22:33:44 2021 Iowa Code 2022, Chapter 22 (36, 1) Maintenance Worker Information January 12, 2022 Memorandum Date: January 12, 2022 To: Mayor Anthony Heddlesten Members of the City Council From: City Administrator Kent Royster Re: Maintenance Worker Information (January 12, 2022) Greetings all, Attached you will the requested information. Background Currently, the City of Riverdale contracts with Quercus Land Stewardship. This contract sole job is to maintain the City's property i.e Mulch, weed, invasive species management, hedge conifers, plant the correct species of plants. This is the last year of the contract. I have included the proposed contract for your review in this packet. The proposed contract is for a not -to -exceed of $19,800 for CY 2022. The other contract is janitorial services. This agreement there is no contract that I am aware of. This agreement has continued for years; unchecked and unmanaged. Last year, your contractor has for an increase and to formalize an agreement. The cost for this contract is $375.00 paid at the first council meeting of every month. He is a 1099 and the only one. We contract with Murf s Turf for snow removal starting in November 2021 and the contract runs until 2024. However, the current budgetary numbers stem from our old contractor S & R Lawncare we had for only one year. These numbers are out of line with your other contractors; the City of Bettendorf, and Cribbs Landscaping. Lastly we used S & R Lawncare and Snow Removal to mow and spray for weeds (which the City of Riverdale didn't do for the 2020 growing season but did for the 2021 growing season. Contracting for services is a tricky business. One, the city must make sure the contractor understands what we expect. With everyone one of your contracts that I have managed and as well others there is a getting to know you period that can take up to one year to develop. Usually the relationship is built and the contract is up for renewal and Maintenance Worker Information January 12, 2022 contractor isn't the lowest bidding and your forced to build that relationship back up again. However, there are certain positives as well. One, hiring and managing, benefits management aren't the City's issues. Attached you will find Paul Dcamp's recommendations for information. Option A is bringing having the Maintenance Worker perform janitorial duties. Option B is having the Maintenance Worker perform mowing duties. Option C is an all in; the Maintenance worker perform mowing duties, snowplowing duties and landscaping duties. The options include possible salary increases in for the position. Please remember any salary increases for the position include about 18% for benefits; IPERS and FICA. We currently offer 5,000 health insurance reimbursement. I have floated the idea of a joint maintenance building to SCC; Lysa Heglund. I was told to re -address the issue after the first of the year. However, the current storage facility does have the space for a Mower. In addition, we have asked to eliminate the Street Sweeping from the NDPES. We have yet to hear back from IADNR. Job Description Maintenance Worker Date Prepared: December 15, 2021 SUMMARY: Under general supervision, performs a variety of unskilled and semi -skilled I the repair and maintenance of variety of City infrastructure. Duties will vary greatly; performs related duties as assigned ESSENTIAL FUNCTIONS:- Essential functions, as defined under the American with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by the incumbents of this Job Description; employee maybe assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include but are not limited to the following: Maintain and repair tools and small equipment. Perform parts runs; as necessary Maintain maintenance records Attend various meetings Participate in City special event setup and planning, as needed Serves as NDPES liaison Reviews bills and invoices from suppliers for accuracy Prepares all reports required by City Administrator for Council review Assists in the acquisition, supervision and general direction of contractors All other duties as assigned. Facilities: Participate in the maintenance and repair of all City facilities; HVAC, Electrical, plumbing, and perform weekly custodial duties including indoors and outdoors Parks Paint buildings., benches, picnic tables and other park structures Perform the cleaning and maintenance of park facilities, mix and perform weed pesticide, and fertilizer applications, inspect playgrounds and repairs, set water schedules Participate in the maintenance and repair of electrical, plumbing, irrigation systems and equipment and maintain timers Performs weekly mowing in season; Provides leaf removal in season Public Works Maintain and make minor repairs to City streets, landscapes. Seal Cracks, clean culverts, ditches, clean storm and sanitary sewer and drains to prevent flooding and backups and pollution; operate a variety of equipment and tools. Trim and remove weeds, trash from all Municipality owned property and Right of Ways and apply herbicides and pesticides. Assist in the maintenance of sanitary sewer laterals, manholes. Respond to after hours emergencies; perform storm duty; set up signs and barricades and effectively close roads Solid Waste Remove illegally dumped items and hazardous materials within the City Snow Removal Operates a City Owned light duty snow and ice removal equipment Removes debris from related to weather in a timely manner and with caution Readies equipment for removal efforts by assuring proper operation of plow and providing adequate salt May require a twenty-four (24) "on -call" status for snow removal in accordance with City policy and procedures Right -of -Way Repair and maintains street markers and signage Removes storm damage debris and trash from the right-of-way and parkway properties ie MRT. Performs public inspections of Residential driveways, and residential sanitary sewer hookups Performs locates for storm sewer and sanitary sewer Removes, repairs, and/or secures damaged equipment. Performs weekly street sweeping The Public Works Maintenance Worker receives supervision from the City Administrator or City Clerk. The person occupying the position must possess working knowledge of infrastructure maintenance, including but not -limited -lo -concrete --work, asphalt —and underground utility maintenance. Work activity includes frequent lifting of heavy objects of at least 4o pounds and ability to drive and operate light and heavy-duty equipment. The Public Works Maintenance Worker position is primarily an outdoor position that requires working in all types of weather conditions. Much of the work is related to the position is performed in the public right-of-way. The position of Maintenance Worker requires the employees to be "on -call" 24/7/365. The job involves the ability to completely perform multiple duties and tasks in addition to specializing in a few select areas. Employees must often make decisions on their own on how to specific problems, situations or service delivery needs. Employees in this position must be willing to work effectively with residents, elected officials, and various contractors. As such, they must at times explain what they are doing and must manifest positive interpersonal skills. Safety is a fundamental element of day-to-day City operations, and every effect must be taken to ensure a safe and healthy working environment. All City employees are required to comply with those safety procedures. JOB REQUIREMENTS Knowledge: 1. Knowledge of processes and techniques necessary to repair municipal infrastructure. 2. Knowledge of operation of heavy and light duty vehicles. 3. Knowledge of basic construction techniques. 4. Knowledge of City safety policies and procedures. 5. Knowledge of City Right -of -Way Property. Skills and Abilities. 1. Must be able to lift forty (40) pounds and move it at least twenty (20) feet. 2. The employee must be able to drive trucks, heavy equipment, and operate the technical equipment on these machines. 3. Employees must possess and maintain an Iowa Class C license or equivalent. You must be insurable. 4. Employee must demonstrate mechanical aptitude. 5. Employee must be able read, write, and have the ability to learn technical knowledge regarding special equipment and machinery operated by the City. 6. Must have the physical health and ability to function effectively in varied terrain i.e hilly, unpaved, in trenches, etc. 7. Must have the ability and aptitude for working alone without supervision and for completing tasks and duties as assigned. 8. Ability to sit, stand, and walk for extended periods of time. 9. All employees are expected to practice safe work habits at all times. ro-Obtain-a Commercial -Applicators' -License -with 18 -months -of -start -date 11. Obtain NDPES Certification with 18 months of start date. Approved by Council , 2022 Routine Maintenance Checklist Period: to Weekly/Bi-Weeky Maintenance Activities Project No. Name Description Date Hours 100 Administrative Review of bills from suppliers, document time and materials used during the week, identify additional maintenance work, prepare reports to Council 101 One Calls Identify underground lines as part of the City's one -call responsibilities. 102 Trash Collection Empty trash. and recycling bins In olty parks (sleekly), .- ,\ . i 103 Catch Basin Olean Out Bl-weekly clean out catch basins along streets and Hwy 87 to Improve storm water—.. drainage. 104 Drive Through Inspection of Woods Estates Weekly drive -through Inspection of Woods Estates to check for possible erosion problems. 106 Street Sweeping Weekly sweep of city streets to remove debris (not quarterly, In-depth cleaning). 106 Lot and Sidewalk Sweeping p g Weekly sweep of lot and sidewalks around City Hall. 107 MRT Sweep/Mains. Weekly sweep and maintenance work on the MRT structure and easements 108 Grounds Inspection 181 -weekly checks of landscaping and mowing to identify areas of attention by contractors (alternate weeks). 109 Playground inspection Safety check of mulch depth and status of playground equipment. 110 Litter Pick -Up: Parks Woekly pick-up of Miter in Bicentennial Park, Peggy's Park, VanGundy Park and Volunteer Square Park 111 Litter Pick -Up: MRT Weekly pick-up of litter along MRT 112 Litter Pick -Up: Bike Station Weekly pick-up of litter in Bellingham Parking Area/Bike Stop 113 Litter Pick -Up: City Hall Weekly pick-up of litter around City Hall City of Riverdale. Iowa 110 Manor DrNa, Riverdale, Iowa 52722 • (663) 356-2511 • www.dverdalalowaoom No n -Routine Maintenance Project Las t Proje ct No. Name Description As sign- Comp ., . 201 Po t -A -Potty Stabilizatio n in Pa rks Build paving t stone bases on which the po ra-po nie s in the City's pa rks can s it so the y will be level a nd func tion properly. 04/07 202 Manor Driv e Re ta ining Wall Repair Repair Damage done to the reta in ing wall an the east side of Mano r D rive Hill ca used by an au tomobile acc iden t. 04/07 203 G arbage/Recydin g Can Repla ce me nt in City Parks Replace garbage and re cycling conta in ers in Bic ente nnial Pa rk, Pe ggy's Park, Bellingham Bike Stop and along the M RT (5 locations tota l). 04/07 204 Town Hall Signage R epair C le an the east wall of Riverdale's C ity Hall to remo ve white stains an d cleanlbuff letters so the name of the building can be seen fro m the street investigate cos ts to add logo to sign . 04/07 205 Bellingham Potho le Repairs Repair potholes in Be llin gha m Road as part of spring, ann ual ma intenance 04107 206 Bo llard at Bre nny's Da ma ge Ass ess me nt response to an insurance reque st, plea se inspec t the damaged bollard at Brenny's Mo to rc ycle C lin ic and determine the e xte nt of the damage . Mo to rc ycle 04/07 207 Stre et Swee per Re pa ir Repair the Street Swee per for use this spring/summer/fall 04/07 208 Roo f Ven t Fan Re placement Replace the de fec tive (old) ventilato r fan on the roof of City H all 04/07 209 Park Playgroun d Equipment Cle aning Scru b and clean all playground equipment in clude safety in sp ecti on of chains, b olts and joints and evaluate structural inte grity of each piece of equipm ent 04!07 210 Pa rk Gazebo and Pavilio n Spring in spection and Cle aning Scrub, cle an a nd inspec t all physical structur es in the City 's p arks (other than playground equipment). Include e lec trical and plumbing sy stems, too. 04/07 211 City Hall Blind Cleaning Re mov e, disa ssemble (as need ed), dean, reassemble, and re -install the wi nd ow blinds at C ity Ha ll to re mov e dust, dirt and other mat eri al fr om the dai s/flats. 04 ./07 212 Scrub Tree Remo val from Sou th Side of Valley Drive Remove and grind scrub trees locat ed along the g uardrail running on th e south sid e of Va lley D rive betw ee n Hwy 67 and F enno Road. 04/07 Date of Rep ort: 4/7/20 Monthly Ma intenance Items Projedt. No. Name D escription Assign. Comp! . 301 City Ha ll Ins pection Review and n ote a ny main tenance requ ired for fire, HVAC a nd rela ted systems, furnishings and grounds at City Hall. 302 V ehic le Mainte nance Inspe ctio n Check fluids, preventive maintena nce status and mileage for the truc k owne d by the City. 303 Pa rk Inspections Clea n and inspec t all e quipment in the City's parks an d identify a ny maintenance is sues. 304 Sto rm Water System Inspe ctio n Inspect and clean storm water catc h basins, culverts and replace NPDES stickers wh ere a ppropriate; identify signific ant deficiencies requiring further a tten tion a nd reportta Council. 305 Streetlights a nd Signals In spectio n Inspe ct City streetlights and traffic signa ls to ida nfify a ny poten tial maintenance issues. Replac e bu lbs and other on -going maintenance items, as nee ded. 306 Highway 671M RT Upke ep Cu t back weeds, repair guardrails and clean kee p storm water culverts free of obstacles. Maintenn nce Items Pro jebt No. Name Des cription A ssig n. Compl . 401 Street Stripin g Evaluatio n and Touch -Up Evaluate city stre et marking/ste ping and re -strip e wh ere ne ed ed. 402 Gu tter a nd Downspout Cleaning C lean the downs pou ts a nd gutters at City Hall to h andle storm w ater during sprin g/summer/fa ll 403 Va cuuming Behin d Refrigerators Clean o ut dust and dirt behind refriger at or in C ommunity Room kitchen and mak e sure a irflow is unobs tructed to eq uipm ent 404 NPDES Wa te r Sa mpling Take required samples for NPDES permit and pr oce ss. D at e of Report: 4/7/20 nal Maintenance Items PrnjeCt No- Na me Des cription A ssign . Comp'. 501 HV AC Tu ne-UplCal�ra tion Ov erse e HVA C inspection and tune -up by approved contractor. Repo rt de fic iencies and recommen ded upgra des/improve ments to Council. 502 Re place Smo ke Detector Ba tte ries Replace s moke de tector ba tteries. 503 Cle an Secu rity Camer a lights C le an, re pair a nd replace (if needed) se cu rity ca mera s in parks. Ato nal Maintenance Items Pro ject No . Na me Desc riptio n Assign. CompL 601 Cle anfRepface Parking Lo t Lights Clea n and re place (if ne eded) fights in the parkin g lo t at City Hall. 602 Clean/Re place Soffit Lights in City Hall Exte rior Clea n and replace (if needed) lights in the soffits around City Hall's e xterior. 603 C onduct A nnua l Equipme nt Inven to ry A ssis t in con ducting an annua l au dit of all equipment owned by th e City and l ocated at City Hall, the C ity's pa rks or contract sto rage facilities. 604 City Hall Se curity Test In co njunction with the City's con tractor, testthe security systems at City Half and update records accordingly, Every O ther Year Maintenance Items Projet No . Name De scriptio n Assig n. Compl . 700 Inspect Inters ection Signa l Boxes (by DECCO) Overs ee DECCO as they re view and tune-u p the signal b ox es owned by the City an Hwy 67 (State Stre et) Date of Report: 4/7/2o Tue Dec 28, 2021 3:03 PM ACCOUNTS PAYABLE VENDOR ANALYSIS Page 1 DATE PURCHASES PURCHASES CURRENT 1099 LYR 1099 VENDOR NO ALPHA ID PHONE NUMBER EXT CREATED LAST YEAR YTD BALANCE PURCHASES PURCHASES 609 QUERCUS LAND STEWARDSHIP (608)76/-3553 7/23/2020 28088.87 24680.00 .00 .00 .00 REPORT TOTALS 28088.87 24680.00 .00 .00 .00 APANALRP 03.03,21 City of Riverdale IA OPER: KR Tue Dec 28, 2021 3,39 PM VENDOR SUMMARY Page 1 Vendor# 46 DEAN HALSEY Phone (563)355-2013 Alpha fD-DEAN-HALS Contact: FAX Cell 146 -S7 -KENSINGTON ST, RIVERDALE, IA 52722 Last—Inv#t2/1Z/2021 Last Inv Dt 12/08/21 Last Payment 375,00 Last Pmt Date 12/08/21 Last Check # 7968 Purchases ID Purchases LYR Purchases 2YR On Order Bal Balance 4,727749 4,836,80 2,738.42 Inv Date Invoice # St Reference Invoice Amt Unpaid Check # Check Dt 1/08/20 01142020 P 2/11/20 02112020 3/10/20 03102020 P 3/10/20 20200310 P 4/14/20 41420 5/12/20 51220 6/09/20 6920 P 7/14/20 71420 P 8/11/20 08112020 9/08/20 090820 P 10/13/20 101320 P 11/10/20 111020 11/10/20 1110208 12/08/20 12820 P 1/26/21 12621 2/09/21 2,9.21 3/09/21 3921 P 4/13/21 41321 P 5/11/21 051121 6/08/21 060821 P 7/08/21 07082021 P 7/23/21 07272021 8/05/21 08052021 9/09/21 09142021 P 10/06/21 10062021 11/04/21 11042021 12/08/21 12/14/2021 JANITORIAL JANITORIAL WALMART, SUPPLIES JANITORIAL WORK APRIL 2020 JANITORIAL WORK MAY 2020 JANITORIAL JANITORIAL FOR JUNE JULY 2020 JANITORIAL WORK AUGUST 2020 JANITORIAL SEPTEMBER 2020 JANITORIAL OCTOBER 2020 JANITORIAL NOVEMBER JANITORIAL JANITORIAL SUPPLIES DECEMBER 2020 JANITORIAL JANUARY 2021 FEBRUARY 2021 CLEANING MARCH 2021 APRIL 2021 JANITORIAL MAY JANITORIAL JUNE 21 JANITORIAL SVCS JANITORIAL WORK SUPPLIES JANITORIAL WORK JANITORIAL WORK JANITORAL WORK JANITORIAL WORK FOR CITY HALL Dec Janitorial 375.00 375.00 199,00 375,00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 137.80 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 227.49 375.00 375.00 375.00 375.00 375.00 6632 1/14/20 6711 2/11/20 6766 3/10/20 6766 3/10/20 6835 4/14/20 6886 5/12/20 6933 6/09/20 7014 7/14/20 7071 8/11/20 7130 9/08/20 7192 10/13/20 7251 11/10/20 7251 11/10/20 7302 12/08/20 7374 1/26/21 7409 2/09/21 7474 3/09/21 7531 4/13/21 7582 5/11/21 7629 6/08/21 7687 7/13/21 7720 7/27/21 7744 8/10/21 7792 9/14/21 7846 10/12/21 7892 11/09/21 7968 12/08/21 APIQRYRP 03.03.21 City of Riverdale IA OPER KR Tue Dec 28, 2021 4:28 PM VENDOR SUMMARY Page 1 Vendor# 599 S&R LAWNCARE & SNOW REMOVAL Phone (563)293-0788 Alpha ID S&R LAWNCARE & SNOW RE 513 LIREBZ STREET Contact: FAX NUSCATINE IA Cell 52761 Last Inv# 2792 Purchases YTD Last Inv Dt 12/08/21 Purchases LYR Last Payment 6,344.00 Purchases 2YR Last Pmt Date 12/08/21 On Order Bal Last Check # 7965 Balance 77, 683.99 19,194.00 Inv Date Invoice # St Reference Invoice Amt Unpaid Check # Check Dt 5/12/20 6/09/20 7/14/20 8/11/20 9/08/20 10/13/20 11/10/20 1/12/21 2/09/21 3/09/21 4/27/21 5/11/21 6/08/21 8/05/21 8/05/21 9/09/21 10/06/21 11/04/21 12/08/21 1333 1453 1542 1610 1678 1781 1848 1929 2024 2056 2110 2204 2263 2370 2440 2523 2643 2701 2792 P P P P P P P P P P P P P P P P P P P 4/14, 4/21, 4/28 LAWN CARE WEEKLY LAWN CARE SERVICES 6/8, 6/15, 6/25 LAWN CARE WEEKLY LAWN CARE 7-6 7-14 7-20 WEEKLY LAWN CARE 8/3, 8/19 WEEKLY LAWN CARE 7/2, 7/21 WEEKLY LAWN CARE 10/1, 10/15 DECEMBER SNOW REMOVAL SNOW REMOVAL- JANUARY FEBRUARY SNOW REMOVAL SNOW REMOVAL SERVICES APRIL MOWING SERVICES DIRT WORK IN APRIL JUNE APPLICATION & JUNE SERV JULY SERVICES AUGUST MOWING WEEKLY LAWN CARE SERVICE-SEPT OCTOBER MONTHLY MOWING SERVICE OCT/NOV 2,742.00 2,742,00 2,742.00 2,742.00 2,742.00 2,742,00 2,742.00 12,375.99 14,170.00 18, 880.00 3,920.00 2,742.00 3,742.00 3,342.00 2,742.00 3,342.00 2,742,00 3,342,00 6,344.00 26 3 6896 6958 7028 7081 7141 7200 7262 7362 7426 7486 7564 7592 7640 7752 7752 7804 7855 7904 7965 5/12/20 6/09/20 7/14/20 8/11/20 9/08/20 10/13/20 11/10/20 1/12/21 2/09/21 3/09/21 4/27/21 5/11/21 6/08/21 8/10/21 8/10/21 9/14/21 10/12/21 11/09/21 12/08/21 APIQRYRP 03.03.21 City of Riverdale IA OPER: KR ` JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: River Valley Turf, Inc. 21108 Scott Park Road Davenport, IA 52807 563-386-1432 info @ri verva I I eyturf. cam Quote Summary Prepared For: Cityadm in@riverdalela, org IA Delivering Dealer: River Valley Turf, Inc. Luke Owens 21108 Scott Park Road Davenport, IA 52807 Phone: 563-386-1432 sales @ ri v e rva I I ey t o rf. co m Quote ID: Created On: Last Modified On: Expiration Date: 25785281 16 December 2021 16 December 2021 31 December 2021 Equipment Summary JOHN DEERE Z930M ZTrak Selling Price $ 10,151.68 Contract: IA Construction, Ag, Ground Maint MA17288D (PG ON CG 22) Price Effective Date: December 14, 2020 Equipment Total Qty X 1 Extended $ 10,151.68 $ 10,151.68 * Includes Fees and Non -contract items Quote Summary Equipment Total Trade In SubTotal Est. Service Agreement Tax Total Down Payment Rental Applied Balance Due $ 10,151.68 $ 10,151.68 $ 0.00 $ 10,151.68 (0.00) (0.00) $ 10,151.68 Salesperson : X Accepted By : X Confidential TRUCK -Hea vy Pickup Gro up K Con ;,,:; Prcpo sal a Ve hicle SD¢cificatidK 2022 O rtic, Cu :u'f care Y eywcle Mo de l Yc ar Co ronet Grp E Dat! Make Mo de l Site Dexriplion ' Bo dy Code E85B O Engin e 515 03 0500 Dea ler Price Dept . FO,d f250 g/q To n Sid to win g Cab, a Fl Body, 4%2, 3- 8 Engin e, 10 ,00000 100.4. 270 payloa d, 13,000 cap. 020 Ye s 03 Die sel Charles 520,363. 00 D AS 1-1711 1.1 21149 HPUGro up 1. 1 ,. _. ..._ � 2022 10/14/22 HPU 1. 1 21146 HPU Grou o 1. 1 _��_. 2022 10/14/22 Ra m 2500 Sid 3/4 Ton lo wing Cab, 8 FL Body.4X2, V-S En gine, 10,00060WR, 4,010 paylo ad. 17, 540 cap. 012162 Na 06 Diesel 514w Hnn sSn s $31,156.00 DAS HPU 1.1 2114] HPUG rou ol. l - 2022 10/14/22 Chevrolet SlNe ra do 2500 3/4 Ton to win g 514 Cab, 8 Ft Bo dy, 4X2, V4 En gine , 9,900 GYWR, 3,986 payloa d, 14. 5000 cap. 6620903 Yes YB Diese l K,vl [txwrokt 526,62].60 OAS NPU 1. 2 21148 H PU G roup 1.7 .. 2022 10/14/22 Ford 0250 3/4 Ton towin g Std Cab, 8 Ft Body, 404. V-8 Engine , 10,000 GYWR. 3,820 Pa ylo ad, 12,900 ca p. 628 Ye s V8 Dk sci SIMcr's Fo r $28.323 .00 DAS HPU 1. 2 21146 HPU Gro up l.j _ 20 22 10/14/12 Ram 2500 3/4 Ton towin g ca FlBo dy. 4x4, V- B Engine. 30. 0000 0008, 3,690 payload. 17,220 towing cap. 017162 No V6 Diesel Stew Han sens 338,323.00 DAS HPU 1.2 21147 H air Grow 12 �. 2022 10/14/22 Che vrolet 5.130 ,40 2500 3/4 To n tStd Cab, owingcFl Bu dy. 4%4, Y-BEngin e, 10250GVWR, 4,023 Paylo ad, 14,500 lowin g rap. C K20903 Ye s Ye Die sel K4,1Ch evro le t $28 ,846 .40 DAS HPU 2.1 21143 HPU Group 2. 1 �_.- .... 2022 10/14/22 Ford 6350 1To n Sid Cab, 8 Ft 80dy, 434. 04 Engine . 10. 400 GYWR. 4.030 pa yload 12, 70 0 IowirlR ra p. 610 Yes 0 1050,0 Skives Fo rd 530 .725.00 OAS HPU 2. 1 2114 6 MA) Gro up 2.1 : .. 2022 10/14/22 Ram 3500 1 Tan Std ca b.00200ay.484,V4Engine , 11. 000 GY WR, 4,600 pa ylo ad, 17, 130 towin g c ap. 028162 No 06 Diesel Stow Han sOns 539 ,071 .00 DAS HPU 2. 1 21147'i HPU Group 2. 1 - 2022 10/14/22 Che wokl Sitverado 3500 1 Ton 90I Cab, 8 Ft Bo dy. 454. V4 E0glne , 4,474 paylo ad.20.000 towing cap. 1630903 Yes VB 0,010 1 Karl Chevrolet 529 ,014.08 DAS 10/14/22 Chev role t SiNCrado 3500 1Ton Std. Ca b. 8 Ft Body,432. DOW. 0. 8 Engine, 14,000 GVWR, 7, 671 paylo ad, 20000 towin g fop. CC309D3 0. 000..Karl Chevrolet $28.795 .00 DAS HPU 3.1 21147 H PU Grou p 3.1 2022 1175131 21146 H PU Group 3.1 2022 10/14/22 Ram 3500 Sion Std. C b, a Ft Bo dy, 4X2. DOW. 0- 8 Engine . 14.000 GVW8, 7,680 payload. 14,710 to win g cap. 023162 No 06 Diesel SIOw Hau Ons 537,277.00 DAS 2022 10/14/22 Chev rolet SlNe rado 3500 1Ton Std.Cab,8 Ft Bo dy, 464.0RW. 04 804100. 14000 00190. 73 74 payload, 20,000 towin g cap. CK30903 COs YB Diesel Karl Chevrolet $30,936.00 DAS O AS H PU 3.2 21147. HPU Group 3.2 HPU 12 21166 HPU Group 12 2022 10/14/22 Ram 3500 1Ton Sod. Ca b. 8 Ft 8o dy,4X4, DPW, 0- 8 Engin e, 14. 000GVWR, 7. 260 paylo ad. 34.280 towing c ap. 028162 No V6 Dies el Stew Hen39 n4 $39,991 .02 2022 10/14/22 Ford F250 3/4on T Ent. Cab, Sho rt Box 4X 4,0. 8 En gin e. 10.000 GVWR mm, 3. 550 payload, 12. 400tow iry : rap. %2B Yes 05030904 Sliver's Fnrd $30.400.00 D AS DAS HPU 4.1 21148 HPUGo 0p_11 HPU4.1 aL HPU Group 4.1 2022 10/14/22 Chevro let Silverado 2500 3/4 To n Ext. Ca b. Sho rt Box.434, 0.8 Engine,10,35000W 0. 3. 805 744104 d,14,500 iowim!Ca oac iN X0753 Yes VS Diesel K arl Chevr olet 529.597 .60 DAS HPU 4.2 21148 HPU Gro uo 4. 2 .. 2022 10/14/22 Ford F250 3/4 Ton Eat. Ca b, Lo ng Boa ,4X4,V.1 En gine, 10, 0005VWR min, 3,460 payload. 12.400 to wiMt c ap. 120 Y es Y8 Di esel Silvers Ford 530,687.00 HPU 4.2 21147 HPU Grou p 4.2Towin g 2022 10/14/22 Che vro let Siivor4 40 2500 3/6 To n Ex t. Cab, long Bon, 4X4,0.8Er,ginc, 10 ,500 GVWR, 3. 861 Payload. 14,500 G pxlry [X20953 Yes VS Di esel Karl [h esit ate! $29 ,750 .10 DAS HPU 5.1 21148 HPU Gro ua 5. 1 2022 10/]4(12 fwtl F250 314 Tan tot.Cab, Sho rt Box 4lfd, lb Engine, 10,500(- 0008, 3.870 paylo ad. 12, 600 towing ca p. x28 Yes 08 Me sta Sli ver's Ford 532,921 .00 DAS H PU 6. 1 1E1 HPU G roup 6. 1 2022 10/14/22 Chev role t Sllverado 3500 ITon Extended Cab, long Bo x, 4%4. DOW, WI Engine . 10, 100GVWR.6, 931 Payload, 20, 000 Towin g Capacity CKg0953 Yes VS Diesel Karl Chevrolet $33.649 .20 DAS 7.1 21148 1110 159.3 7.1 .. 2022 10/14/22 Ford F250 3/4 Ton Crew Cab, Sho rt Bo %. 6. 1/2Ft Bpdy,4X4,3.8 Engine, 10,000 WWII, 3,803 carload 12.300 ton ing c ap. 0928 901 V8 Gas Stivef1 Fprd $40,967 .00 DAS HPU 7.1 21146 HPUGrou p7.1 _. 2022 10/14/22 Ram 2500 3/4 Ton Crew Cab, 61/2 F6 Body, Sh0 51WA. 4X4, V-8 Engine, 10,000 GYWR , 2 ,490 P ayload, 19, O20Tpnin gWp aciN 017191 No VB Ws SMw 0000 701 549.353 .00 OAS OAS HPU 7. 1 21147 H PU G ro uo 71, 2022 10/14/22 Chevro let Silverado 2500 3/4 Ton Crew Cab. Short8511 4x4,0.0 Engin e, 11.150 GYWR, 4,517 Payl oad . 18,SOOTOw Ing C4Pxity 182 0743 No 08 Gas Karl Chevr o95 539 .78 0.0 0 HPU 8.1 31148 HPU G ro up 8.1 2022 10/14/22 Ford F350 ITon Crew Cab - 61/2 Ft Body,4%4,V• B Diese l Engine. 11 ,200 GYWR, 3 ,740 pa ylo ad. 22,000 lowing cap. 0038 No 03 Gas 085 3/13016 Ford 541,953.00 DAS 1105 8.1 21146 HPUG rou p3. l .. .. _. 2022 10/14/I2 Ram 3500 ITa n Cre w Ca b, 6- 1/2 Ft Bo dy. 4X4,V-6 Diesel Engine. 11,800 GYWR, 4 ,34 0 payload, 20370 towing ra p. 028191 No V8 Ga s SiCw Hans en 549,87).00 DA S HPU 8, 1 21147 HPU Group 8 .1 _._.. 2022 10 /14/22 Chev ro let Silve rado 3500 ITon Cre w Cab, Sho rt B004X4,0-B Engine . 12,100 GVWR, 5,343 P ayl oad , Z0. 000 To win g Capa [4Y IX30743 No VB G as 605 Karl (hevr0193 $00.703.20 OAS 10/14/22 Fwd F350 1Ton Crew Cab, 8 Ft Bo dy, 4X2, DOW , V-80ks el 0090 0, 14,000 GYWR , 6 .240 payload, 19,000 towing rap. yy Na V8W4F85 Charl es Wbus ford 546 .561.00 DAS HPU 9.I 21149 HPU Grou p 9, 1 _..- . 2022 HPU 9. 1 21147 HPUGro up 9.1 - -.. .. . 2022 10/14/27 Chevrolet 1300 r3 40 3500 Sia n Crew C4 6,tong BOx4X2 ,DRW,Y-e E n0lne. ]9 ,000G VWR, 6,938 P4YII xstl. CrewXl To wing Bon,4X 6630963 No MG. Karl Chevr ol et 539.399 .00 DAS HPU 9. 1 1146 HPU Grou p 9.1 . ._ . '_ 2022 10/14/22 Ram Ran 3500 1 To n Crew Wb, 8 Ft Body,4X2,DRW ,V -6 Diesel E ngine, 12. 800 GYWR , 6 .170 payload, 19yJ0t owing cap . 323192 No VS Gas Sl ew Ha nsans $46.67600 0/5 10/14 /22 Chevrolet Sdvcndo 3500 170 0 Crew Cob , L ong B ox- 4X4, DRW, 04 E ngin e, 14. 000 G YWR-6 ,838 Payl oad, 20.000 Towirg Capacity 1803943 Na VB Ws Cn evml et 562 .183.00 DAS HPU 9.2 21147 I_I Gre up9.2 .. ... . 2022 Karl FIRM? 2114 9 HPU Gro up 9.2 . .. 2022 10/14/22 Fwd F350 1Tun Clew Cab.8 Ft Body,444,DRW, 0-Bpewee Engine. 14,000G YWR , 5 ,7S0 paylo ad . 19.000 towi ng rap . W30 No VB Gas 805 Charles Gabul 549.695.0 0 065 HPU 9.2 21146 HPU Gro up 9.2 2022 10/14/22 Ram 3500 ITon G ¢wCab ,BFt0d. 21670 towi4x 4DRW.54 Oms¢I Engi ne, 14,000GYWR. 5.850 Cr ew C ab ,8 Ft B ody, 4yw p. 028192 Nopaylo V8 Gas Stew Ha nse n& 551,512 .00 OAS TRUCK- M edium Duty Chassis C ab (3500/350 S eries) G rou p M DC 1. 1 Contrac t/ Pro posal0 21150 Ve hicle Specifica tion s 2022 Orde r Cu toff Date V ehicle Model Year Con tra,. : Expire Date Mod el Silo Description MDC Grouo 1.1 MDC 1.1 21146 MDC Grou p 1. 1 MDC 1. 2 21150 MDC Grou p 1.2 M DC 1. 2 21146 MDC Grou p 1. 2 M DC 21 21150 MDC Gra uo 2.1 M DC 2.1 21146 MOC G roup 2.1 2022 2022 2022 20 22 10/14/22 10/14/22 10/14/22 10/14/22 Ford OAM Ford RAM 1350 3500 F350 3500 1 To n 1 Ton 1 Ta n 1 Ton Std. Cab, 60 i nch CA , 4x4 , DOW, V4 Engi ne, 14,000 G VWR , 7 .550 P ayl oad, 16.100 towing cap. Std . Cab, 60 i nch CA, 484, DOW, 9-8 E ngine, 14.000 G 994. 7 ,520 payl oad, 13 ,370 t owing rap. Std . 140,0400516,454 .ORW, v -B Engi ne , 14.000 GYWR, 7 ,500 P ayload. 15,900 towing cap. Std . Cab .84 i nch C A, 484 . DIM, V4 Engine. 14.000 MONO, 7 .390 payload, 18,240 t owing ca p. Ext. Wb.60 i nch CA , 4X4 , DOW, 5.8800ne,14 ,005 GYWR, 7.200 Payl oad, 11,800 t owi ng cap. E at. C ab, 60 i nch CA .494, DRW, V-8 E ngin e, 14 .000 GV W R. 7 ,000 p ayload, 17.850 t owi ng ca p. 2022 2022 10/14/22 10/14/22 F ord R AM F310 3500 1 Ton 1 Tun Body C ode ENS P av - En ir Alt . Engin e Av ailabl e, Opole, Price 0314 008163 F3H 008164 336 3084,93 Yes No Yes No Y es No 08 Diesel V6 Diesel 08 Di esel 06 Diesel 08(betel ppwenFord jtew 03939OS D0w0390,4 Sl ew H00s9 03 V6 Diesel Dew ey Ford 532.315 .14 541,995 .00 532.496.55 $41,832 .02 534 .457.11 Slew Ha nsen& 533254 .00 Dept. DOS 003 DAS DAS D AS DAS P ag e 3 of 8 Maintenance Worker Cu rrent Option A Option B Option C Payroll Expense $ 34,123 .91 $ 38,50 0.00 $ 38,500. 00 $ 42,0 00. 00 Qu ercu s Land Stewardship $ 28,088.87 5 14,000 .00 $ 7,000. 00 X Ja nitorial Services $ 4,50 0.00 X X X Mowing and Lawncare $ 28,338.00 $ 28, 000.00 X X Sn ow Removal $ 49,345.00 $ 49,345.0 0 $ 49,345.00 X Totals 144,395.78 $ 129,845 .00 94,845. 00 4 2,0 00.00 Kn own Ex tra Expenses: Mower $ - $ 10,000.00 $ 10,000 .00 Ma intenan ce $ - $ 4,000.0 0 $ 4, 000.00 Gas/Oil $ - $ 1,500. 00 $ 1,500.00 Trailer $ - $ 2,000. 00 $ 2,0 00.00 Chemica ls $ - $ 3,00 0. 00 $ 3,0 00.00 Larger Tr uck $ - $ - $ 35,0 00.00 H ealth Reimbur se ment $ 5, 000.00 $ 5,00 0.00 $ 5,0 00.00 Increase in FICA $ 400.00 $ 40 0.00 $ 800.00 Increa se In IPERS $ 400. 00 $ 4 00.00 $ 8 00.00 Training $ 1,000 .00 $ 1,000.00 $ 1,2 00.00 $ 6,800.00 $ 27,30 0.00 $ 63,300 .00 Tota l fo r Option $ 136,645. 00 12 2,145.00 $ 1 05,3 00.00 Capital Pr oje cts: CP - 01 Mower 10,000 CP - 02 City Entrances 35,000 CP - 03 Trail Planning and Construction for W oods 40,000 CP - 04 Paint Bellingham Bike Crossing 5,000 CP - 05 Emergency Access Roadway Construction 300,000 CP - 06 Audio Visual/Streaming Set Up for Ch amb ers 20,000 CP - 07 Furnace for FD Bays 7,500 CP - 08 Eminent Domain 1052 Valley 75,000 CP - 09 Fenno Drive Resurfacing ' 12,000 CP - 10 New Truck Ford 350 31,000 CP - 11 Ma nor Drive Hill Restoration 7,000 CP - 12 Fieldcrest Drainage Way - Phase 1 (of 10) 30,000 CP - 13 RFD Long -Te rm Planning Consultant 15,000 CP - 14 Comprehensive Plan Review/Re-Draft 15,000 CP - 15 Camera Lights at Be llingham 25,000 CP - 16 Parking Lot Reconstruction 336,000 CP - 17 City Hall Landscaping 20,000 CP - 18 Maintena nce Building 250,000 CP - 19 Havens Acres/MRT Signage and Cameras 15,000 CP - 20 Vo lun tee r Squa re Public WiFi 10,000 CP - 21 Enginee ring for Fe nno La ne Wide ning 15,000 CP - 22 Manhole Study and Rehabilation 20,000 CP - 23 Sanitary Se we r Phase III 100,000 CP - 24 Engine ering for Bellingham Impro veme nts 15,000 CP - 25 Ne w Fire A paratti/Turn Out Gear 20,000 CP - 26 Fenno La ne Widening 250,000 CP - 27 Fence fo r Bi-Centen nial Park 14,000 CP - 28 Bellingham Road Improve ments/Re-Co nst. 100,000 CP - 29 Fieldcrest Draina ge - Pha se II 1,500,000 TO TA L CA PITAL PRO JECTS $ 4,312,500