Sunshine Law Training Follows Transparency Complaint

Quality journalism needs your support to thrive. Donate and keep the facts flowing. DECORAH — Following a complaint raised about transparency in local government operations, representatives from the Iowa Public Information Board (IPIB) delivered a detailed presentation on Monday to the Winneshiek County Board of Supervisors. The session, focused on Iowa's open meetings and public records laws (also known as "Sunshine Laws"), described the legal responsibilities of governmental bodies and addressed best practices to avoid public complaints and violations. The training was presented amid what appeared to be growing scrutiny of county practices around advisory task forces and informal meetings. While the complaint was not publicly detailed, multiple references during the session confirmed that transparency concerns were the impetus for the presentation. "We do find that we get less complaints when we have our governmental bodies observing some of these [best practices]," IPIB Deputy Director Kimberly Murphy stated. What Is a Meeting? At the core of the presentation was the clarification of what constitutes a legal "meeting" under Iowa Code Chapter 21. According to state law, a meeting occurs when a majority of a governmental body's members gather—formally or informally—to deliberate or act on public business. That definition extends beyond traditional boardrooms. "A gathering becomes a 'meeting' when a quorum of officials engage in discussion on matters over which they exercise judgment," Murphy explained. "If the members of the governmental body engage in any discussion that focuses at all concretely on matters over which they exercise judgment or discretion," then it's a meeting and must be open to the public. That means social functions, retreats, or even text and email exchanges can qualify if policy matters are discussed among a quorum. "To make sure that we don't accidentally create a meeting... we use the BCC option," the presenter noted, describing a best practice for distributing emails to avoid inadvertent deliberation. Advisory Committees and Public Access Another focus of the presentation was the legal status of advisory committees, task forces and similar groups, especially those created by or reporting to elected boards. "Once you have a task force created by that governmental body, it needs to adhere to all the requirements," Murphy said. That includes public notice, agenda posting, minutes, and access for the public. Supervisors specifically asked whether a two-person task force was required to comply. The answer was unequivocal. "If you have two on the task force, two is the majority… Yes. It needs to meet all the requirements of any other, public open meeting," Murphy replied. Closed Sessions and Agenda Clarity Murphy also addressed the rules around closed sessions, which are allowed under specific conditions, such as discussions of real estate transactions or personnel evaluations. Those sessions must be listed on the public agenda with the specific code section cited, and recordings and minutes must be kept. "We suggest that you cite to the code section that allows for the closed session," the presenter said. "So for example, if you're having a closed session to discuss a real estate transaction, we suggest that you take that specific provision out of the Iowa code and use that for your agenda". Improper use of closed sessions has been the subject of recent legal action across the state. Murphy warned the Supervisors not to "hide" discussions under vague agenda labels or closed-door justifications. A district court ruling against the Dewitt School Board was cited, where the board's closed session was ruled improper because the actual discussion went far beyond what was listed on the agenda. "The scope of the meeting was breathtaking in contrast to its stated purpose," the court found. Public Records and Custodian Responsibilities Under Iowa Code Chapter 22, all government records are presumed public unless there is a legal exemption. Murphy explained that public records include emails and text messages related to public business, even if they are sent from private accounts. The law requires each governmental body to designate a "lawful custodian" responsible for ensuring compliance with records requests. While there is no fixed deadline, agencies are expected to respond promptly, typically within 10 business days, and no longer than 20 calendar days unless extraordinary circumstances apply. "Governmental bodies can control the terms and conditions of the examination of non-confidential records stored within geographic computer databases," the presenter noted from the code. The presentation also reminded officials that records must be available regardless of where they're stored or who holds them. "The governmental body cannot prevent examination of the records by contracting with a nongovernmental entity to create, hold, or store those records," per Iowa Code Section 22.2(6). Become a part of the exclusive circle! Subscribe to the newsletter for free and gain access to special offers, bonus content and insider perks.