Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Open
records. Agency records are open for public inspection and copying,
unless otherwise provided by rule or law. This agency also has possession of
records which may be open records but which are copies of records from other
agencies, which have been filed in judicial or administrative proceedings, or
which are available in the state law library. This agency may refer persons to
the originating agency, the clerk of the appropriate court, or the law library
for those records. This ensures that the requester receives a clean official
copy of the record and protects the agency against unintended disclosure of
confidential information.
(2)
Confidential records. Confidential records may be withheld
from public inspection by the agency. The following confidential records are
listed by category, according to the legal basis for withholding them from
public inspection:
a. All records, including
case files, related to the statutory functions of the agency, which are
confidential under Iowa Code section
2C.8.
b. Records which are exempt from disclosure
under Iowa Code section
22.7.
c. Those portions of agency staff manuals,
instructions or other statements issued, which set forth criteria or guidelines
used by agency staff in making investigations or in the selection or handling
of cases which will be or are being litigated, when their disclosure would
enable law violators to avoid detection, facilitate disregard of requirements
imposed by law, or give a clearly improper advantage to persons who are in an
adverse position to the agency. The agency also maintains some office or policy
manuals provided by other agencies concerning the operations of those agencies.
Some information in office manuals may be confidential under Iowa Code section
17A.2(11)(f),
17A.3(1)(d), or
2C.9(4) or
other applicable law.
d. Records
which constitute attorney work product or attorney-client communications or
which are otherwise privileged. Attorney work product is confidential under
Iowa Code sections 22.7(4) and
622.11, Iowa R.C.R 122(c), Fed.
R.Civ.R 26(b)(3), and case law. Attorney-client communications are confidential
under Iowa Code sections
622.10 and
622.11, the rules of evidence,
the Code of Professional Responsibility, and case law.
e. Any other records made confidential by
law.
