CITY OF ASBURY EXAMINATION OF PUBLIC RECORDS

EFFECTIVE DATE: May 24, 2016


Purpose. The purpose of this Administrative Policy (AP) is to delegate to specific city employees the responsibility of implementing the requirements of Chapter 22 of the Code of Iowa for the examination of public records by the public.

Scope. The provisions of this AP are applicable to all City employees.

Responsibility. Persons delegated by Resolution of the City Council to implement the provisions of Chapter 22 of the Code of Iowa should be thoroughly familiar with the definition of public records and the conditions under which public records are made available for public examination.

Chapter 22 also provides reasonable delays in releasing certain confidential public records to permit consultation with the City Attorney to ascertain the propriety and legality of releasing such documents. Such requests for assistance to the City Attorney shall be in writing with an information copy provided to the City Administrator. Responses from the City Attorney shall also be in writing with an information copy to the City Administrator.

Policy. It is the policy of the City of Asbury that all government records shall be open to examination by the public with the exception of those records specifically exempt from public examination by the Code of Iowa and judicial decisions.

Also exempt from public examination are those confidential records listed in Section 22.7 of the Code of Iowa where the release of such records would subject the City of Asbury and/or its officers/employees to criminal or civil liability.

General. Chapter 22 entitled “Examination of Public Records” requires each governing body of the State of Iowa to delegate to particular officers and employees of the governing body the responsibility for implementing the requirements of Chapter 22. City Council has delegated this responsibility for all law enforcement records of the City to the Police Chief and for all other records of the City to the City Clerk.

Service Charges. Photocopier charges for copying documents for the public shall be as follows:

Black and White copy 20 cents each

Color copy 50 cents each

In addition thereto and in the event the services of the City employee are utilized in searches or copying documents, there shall be a service charge determined by multiplying the hourly rate of the person providing the assistance plus 25 percent and prorated to the nearest half hour with the first fifteen minutes of assistance provided without charge.

Open Meetings Law. The Open Meetings Law (Chapter 21 of the Code of Iowa) authorizes City Council and boards and commissions to conduct closed sessions under certain conditions. Government records used for such meetings may be subject to public examination unless specifically exempt by the Code of Iowa or by Section 22.7 of the Code of Iowa.

Violations. Violations of Chapter 22 may subject the City to fines, attorney fees and court costs. Additionally, persons guilty of violating Chapter 22 may be personally liable for fines and for such fees and costs.