Sunshine Advisories: Open Records Index

Autopsy Reports

• Deaths in a Community Can Raise Alarm But Does the Public Have Access to Autopsy Reports?

  When a death occurs, the availability of an autopsy report under the Public Records Law depends primarily on the identity of the requester.

Charging for Public Records

• Estimating Costs for Public Record Requests: "Just how much is this going to cost?"

  How can governmental bodies and requesters avoid an ugly surprise when the expenses are totaled up?

• Charges Under the Public Records Law: Impose Only Actual Costs!

  The law strikes a balance between public access and the burden on government by authorizing governmental bodies to charge the requester for the costs of retrieving, copying and supervising the records.

• Personally Examining Records -- Giving a "Free Peek"

  Do you know what obligations public offices have when a citizen asks to see a public record?

Citizen Letters

• Contacting Government Bodies: Are Citizens' Letters Confidential?

  What does Iowa law say about how government bodies should treat letters and e-mail messages from citizens?

Confidential Public Records

• Should a record be withheld from the public if it contains confidential information?

  Public records often include both open and confidential information.

• Which Records Are Confidential?

  Most public records are available for examination and copying -- but some are confidential under law.

• "Confidential" Public Records

  The phrase "confidential public records" sounds contradictory. How could a public record be confidential?

Education on Sunshine Laws

• Open Meetings? Public Records?

  People who are appointed or elected to public office assume a big responsibility to act in accordance with Iowa laws governing open meetings and public records.

Electronic Public Records

• Can a Person "Examine" and "Copy" Electronic Data?

  Here are guidelines on the public's right to access information stored in a computer.

• Paper Files? Electronic Files? Tapes?

  Public records are stored in many formats! Here are the principles regarding public access to public records in various forms.

• Logging on: How Do You Apply the Public Records Law in a Computer Age?

  The public is entitled to copy public records. But can the public access the data processing software that contains the public records?

• Public Access to Electronic Records

  Here are legal guidelines to assure proper public access to electronic records.

Emergency Response Plans

• Emergency Response Plans: What Informatio is Open to the Public?

  State and local emergency management agencies are required by Iowa law to develop disaster emergency plans.

Enjoining Production

• Releasing Public Records: Can courts block the release of an open record?

  Generally, government officials must decide whether a public record is open or confidential and then release the record if it is an "open record."

Lawful Custodians and Contact Persons

• Who’s in charge of deciding access to public records?

  As the lawful custodian of public records, a government body is obligated to decide whether a record should be confidential or should be released for examination and copying.

• Public Records Contact Persons: Helping Iowans with access to public records

  Public records contacts are required by law.

Library Records

• Are Your Library Records Confidential?

  A criminal or juvenile justice agency can obtain access to library records if investigating a person suspected of committing a crime.

911 Audio Recordings

• Can the Public Obtain Copies of "911" Audio Tapes?

  Yes - audio tapes are just a different form of public record.

Peace Officer Emails and Phone Records

• Are E-Mails and Telephone Billing Records of Peace Officers in Law Enforcement Agencies Confidential

  The Public Records Law allows “investigative reports” of peace officers to be confidential – but the “date, time, specific location and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential,” except in limited circumstances.

Personal Information

• Who Has Access to Personal Information Citizens Provide to State Agencies?

  Citizens routinely supply state agencies with personal information -- for example, when they apply for a license to drive or hunt, renew a professional license, or file a claim for unemployment compensation.

Personnel Records

• Access to Personnel Records of Public Employees: What's Open? What's Not?

  Here are some guidelines for applying Iowa's Public Records Law and providing responsible access to information about government employees.

Records Retention

• Time for Spring Cleaning?

  How long must officials keep public records?

• Toss, Delete or Save?

  Public officials at all levels of government in Iowa face the daily task of deciding which records they need to save and store, and which records they can toss, delete or shred.

• Safeguarding Public Records

  Public officials need to facilitate access AND protect records.

Remedies and Enforcement

• Can Members of the Public Sue to Enforce Iowa's Sunshine Laws?

  Yes -- the law arms the public with remedies.

• Two Strikes and You're Out!

  Courts can remove public officials from office on the second violation of sunshine laws.

• "But My Lawyer Said This Was Legal!"

  Can legal advice shield sunshine violators?

• What is the Cost for Noncompliance?

  Monetary costs for violating Iowa's sunshine laws can be imposed on individual officials or can drain the budget of a governmental body.

Requesting Public Records

• Iowans Can Request Public Records by Telephone, Letter, Fax, or E-mail

  Iowans have a right to request copies of public records by contacting governmental bodies by letter, telephone, or electronic means.

• Requests for Public Records: Must Citizens Show Up in Person?

  Guidelines for citizens and officials on requests for public records.

• "Golden Rules" for Public Records Requests

  When a person requests access to a public record, questions may arise: Does the requester have to explain a reason for the request? Does the person have to show identification to get access to the record? Do public officials have to give a reason to deny access to a record?

Resumes and Applications

• So, You Want to Work for the Government? Are resumes and application letters public records?

  Some resumes may be kept confidential -- but others may not. Iowa law provides basic principles to decide if resumes may or may not be kept confidential.

Settlement Agreements

• No Secret Settlements

  The public is entitled to know when a government body settles litigation. In government, settlements are not secret.

Timing of Production

• The Copier Broke Down! Now What?

  Public officials must furnish copies - even when the copier breaks down!

• Getting Access to Public Records: What is a Good Faith, Reasonable Delay?

  Governmental bodies that administer the Public Records Law often must make significant decisions about legal issues when responding to public records requests.

• When Are Public Records Available for Examination and Copying?

  The public can drop in at government offices at any time.