23.1 Citation and purpose. This chapter may be cited as the “Iowa Public Information Board Act”. The purpose of this chapter is to provide an alternative means by which to secure compliance with and enforcement of the requirements of chapters 21 and 22 through the provision by the Iowa public information board to all interested […]
23.10 Enforcement. 1. If any party declines informal assistance or if informal assistance fails to resolve the matter to the satisfaction of all parties, the board shall initiate a formal investigation concerning the facts and circumstances set forth in the complaint. The board shall, after an appropriate investigation, make a determination as to whether the […]
23.11 Defenses in a contested case proceeding. A respondent may defend against a proceeding before the board charging a violation of chapter 21 or 22 on the ground that if such a violation occurred it was only harmless error or that clear and convincing evidence demonstrated that grounds existed to justify a court to issue […]
23.12 Jurisdiction. The board shall not have jurisdiction over the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or over the governor or the office of the governor. 2012 Acts, ch 1115, §15, 17
23.2 Definitions. 1. “Board” means the Iowa public information board created in section 23.3. 2. “Complainant” means a person who files a complaint with the board. 3. “Complaint” means a written and signed document filed with the board alleging a violation of chapter 21 or 22. 4. “Custodian” means a government body, government official, or […]
23.3 Board appointed — executive director. 1. An Iowa public information board is created consisting of nine members appointed by the governor, subject to confirmation by the senate. No more than three members appointed shall be representatives from the media including newspapers and no more than three members appointed shall be representatives of cities, counties, […]
23.4 Compensation and expenses. Board members appointed by the governor shall be paid a per diem as specified in section 7E.6 and shall be reimbursed for actual and necessary expenses incurred while on official board business. Such per diem and expenses shall be paid from funds appropriated to the board. 2012 Acts, ch 1115, §7, […]
23.5 Election of remedies. 1. An aggrieved person, any taxpayer to or citizen of this state, the attorney general, or any county attorney may seek enforcement of the requirements of chapters 21 and 22 by electing either to file an action pursuant to section 17A.19, 21.6, or 22.10, whichever is applicable, or in the alternative, […]
23.6 Board powers and duties. The board shall have all of the following powers and duties: 1. Employ one employee as executive director who is an attorney admitted to practice law in the courts of this state to execute its authority including prosecuting respondents in proceedings before the board and representing the board in proceedings […]
23.7 Filing of complaints with the board. 1. The board shall adopt rules pursuant to chapter 17A providing for the timing, form, content, and means by which any aggrieved person, any taxpayer to or citizen of this state, the attorney general, or any county attorney may file a complaint with the board alleging a violation […]
23.8 Initial processing of complaint. Upon receipt of a complaint alleging a violation of chapter 21 or 22, the board shall do either of the following: 1. Determine that, on its face, the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit. In such a case the board shall accept the […]
23.9 Informal assistance. After accepting a complaint, the board shall promptly work with the parties, through employees of the board, to reach an informal, expeditious resolution of the complaint. 2013 Acts, ch 135, §60; 2014 Acts, ch 1092, §17
