State requires open meeting, records training

MARENGO — Under House File 706, signed into law by Iowa Gov. Kim Reynolds in June, all newly elected or appointed public officials in Iowa must complete open meetings and open records training.

That includes city and county elected officials, members of boards and commissions, municipal staff and extension council members, according to Kevin Olson, the city attorney for Coralville.

Olson discussed requirements of the law during an online presentation for the East Central Iowa Council of Governments Sept. 16.

Failure to complete the open meeting and open records training can result in penalties against the individual members, Olson said.

“They like to tinker with the law to show they are transparent,” said Olson of the legislature, though these laws do not apply to legislators.

The two big changes to Iowa Code Sections 21 and 22 are higher penalties and the requirement for training, said Olson.

Section 21.6 enhances the penalties for illegally entering closed session, said Olson. Before July 1, penalties were $100-$500 per individual for meeting violations, and $1000- $5000 if the individual knowingly violated open meeting laws.

Those penalties are now $500-$2500 for participating and $5,000 to $12,500 for knowingly participating.

The governmental bodies cannot pay those penalties, said Olson. They are accessed against the members.

Closed sessions are allowed for many topics of discussion, said Olson, but over the years there have been a lot of violations. Most members of boards and city councils serve part-time and aren’t versed in the law, said Olson.

Usually city attorneys have to be present for the legal issues that are being discussed in closed session. City council members can protect themselves by having the attorney confirm on the record that the attorney believes the closed session is valid under the law.

That opinion should be included in the minutes of the meeting, Olson said. “That gives protection to the members.”

A member can also find protection against violation by voting against a closed session that might violate the law, said Olson. A member who votes against the closed session should not be accessed damages for violation.

House File 706 also added section 21.12 requiring any newly elected official to complete training of 1-2 hours regarding chapter 21 about open meetings and chapter 22 about public records.

Anyone holding office as of July 30, 2025 is exempt, Olson said.

The training must be completed by the 90th day after taking oath of office or assuming the responsibilities of office. Olson suggested that government bodies make a list of everyone on their boards and keep track of who is exempt and who will need training.

The Iowa Public Information Board was established in 2012 as an independent agency tasked with enforcing Sections 21 and 22 of Iowa Code. The Board is also required to make training opportunities available to anyone subject to the requirements of chapters 21 and 22.

Open meeting training should address what governmental bodies are, what defines a meeting, what open meetings and public rights are, notices for open meetings, electronic meetings, requirements for agendas and minutes, closed sessions, the procedure for entering closed session, the procedure during closed session and penalties and enforcement of violations.

Public records training must address who is subject to public records laws, what a public record is, how to handle requests, the time-frame for responding to requests, costs allowed, redaction, settlements and enforcement.

“Pretty much everything they create is going to be a public record,” Olson said.

Cities should have emails just for council members, and the members should use those email addresses when they are discussing city business, Olson said. They aren’t allowed to hide city business in personal email because if it’s city business, it’s public record.

Members won’t want the courts going through their private emails to find public correspondence, Olson said.

When a government body receives a public records request it should acknowledge the receipt. If the request is voluminous, the government body should disclose any costs that will be associated with the request, said Olson.

They can’t ask why the records are being requested.

Government bodies don’t have to create records to meet a request. They must only provide records that already exist, Olson said. Most of the time the city clerk will handle that or delegate it to the department head.

As a general rule, the records should be provided in 10 days, Olson said. Sometimes that’s not possible, but whoever requested the records should be informed if the request is going to take longer.

IPIB can help members of governmental bodies understand Chapters 21 and 22, said Olson. “They will point you in the right direction … to make sure you are trying to comply with the law.”

The Public Information Board get hundreds of complaints every year, said Olson. “A lot of the complaints filed … have no basis,” he said, but IPIB has to go through them.

IPIB is offering the training required by the new law for free, said Karen Kurt, executive director of ECICOG.

Once members are trained, says Olson, they will each receive a certificate of completion. Governmental bodies must keep evidence of completion of training for their members. Evidence of the training is public record.

“If they are reappointed to the same position, they do not have to be trained,” said Olson, but if a person is appointed to a different position, that person may have to take training.

The same may be true if there is a break in the time of service.

Failure to complete the training, could result in a fine.

City clerks and attorneys do not have to take the training, Olson said.