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MANAGING PUBLIC RECORDS REQUESTS UNDER IOWA LAW

WHAT IS A PUBLIC RECORD?. . . . all records, documents, tape, or other information, stored or preserved in any medium of or belonging to this state or any county, city, township. . . . or any branch, department, board, bureau, commission, council, or committee . . . . . THE RECORDS MAY BE IN ANY

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MANAGING PUBLIC RECORDS REQUESTS UNDER IOWA LAW

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    1. MANAGING PUBLIC RECORDS REQUESTS UNDER IOWA LAW

    2. WHAT IS A PUBLIC RECORD?

    3. THE RECORDS MAY BE IN ANY FORM:

    4. E-Mail Because it is a public record, you should have all employees sign a document acknowledging that the county can read all email. You also need a written policy regarding the use of email and the internet.

    5. CAN ANYONE HAVE ACCESS TO PUBLIC RECORDS?

    6. CAN I REQUIRE A REQUEST FOR A COPY OF A PUBLIC RECORD TO BE SUBMITTED IN WRITING?

    7. CAN I REQUIRE A PERSON WHO ASKS FOR A PUBLIC RECORD TO IDENTIFY HIMSELF?

    8. HOW SPECIFICALLY MUST A PERSON DESCRIBE RECORDS HE/SHE IS REQUESTING?

    9. WHEN CAN PEOPLE COME TO THE OFFICE TO EXAMINE AND COPY RECORDS?

    10. WHO RESPONDS TO REQUESTS FOR PUBLIC RECORDS?

    11. UNDERSTAND THE LAW Know what public records are maintained in the office; Know which of the records are open and which are confidential or may contain confidential information; Know how they are going to respond when someone asks to see or receive a copy of a particular public record.

    12. WHAT IS REQUIRED?

    13. WHAT IS REQUIRED?

    14. SF 403

    15. HOW SHOULD REQUESTS FOR ACCESS BE MANAGED?

    16. FEE LIMITATIONS The fee may not include fixed or overhead costs, such as: Depreciation Equipment maintenance Electricity Insurance You may not recover the costs associated with creating records as a part of day-to-day governmental functions.

    17. WHAT SHOULD I CHARGE?

    18. IF I HAVE A UNIFORM AMOUNT THAT I CHARGE FOR COPIES, CAN I WAIVE THE CHARGE?

    19. WHAT IF I’M UNSURE WHETHER THE RECORD IS CONFIDENTIAL?

    20. WHAT IS THE DEADLINE FOR PRODUCING A PUBLIC RECORD?

    21. WHAT HAPPENS TO ME IF I VIOLATE THE LAW?

    25. WHAT DEFENSES ARE AVAILABLE TO ME?

    27. MUST SOCIAL SECURITY NUMBERS ALWAYS BE CONFIDENTIAL?

    28. COUNTY # 1

    29. COUNTY # 2

    30. COUNTY # 3

    31. COUNTY # 4

    32. Four Guiding Principles Requestor not required to identify himself. Why the requestor wants the record is irrelevant. Public records cannot be withheld without cited legal authority. There is always time to ask for legal advice if you don’t know whether a record can be provided.

    33. RESOURCES

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