Current through Register Vol. 46, No. 19, March 20, 2024
(1)
General. Board
records are open for public inspection and copying unless otherwise
provided by rule or law.
(2)
Confidential
records. The following records may be withheld from public
inspection:
a. Sealed bids received
prior to the time set for public opening of bids under Iowa Code
section
72.3.
b. Tax records made available to
the board under Iowa Code sections
422.72
and
422.20.
c. Records that are exempt from
disclosure under Iowa Code section
22.7.
d. Agendas, minutes and tape
recordings of closed meetings of a government body pursuant to Iowa
Code subsection
21.5(4).
e. Records that constitute attorney
work product, attorney-client communications, or that are otherwise
privileged. Attorney work product is confidential under Iowa Code
sections
22.7(4),
622.10,
and
622.11.
Attorney-client communications are confidential under Iowa Code
sections
622.10
and
622.11,
the rules of evidence, and the Code of Professional
Responsibility.
f. Those
portions of the board's staff manuals, instructions or other
statements issued that set forth criteria or guidelines to be used by
the board staff in auditing, in making inspections, in settling
commercial disputes or negotiating commercial arrangements, or in the
selection or handling of cases, such as operational tactics or
allowable tolerances or criteria for the defense, prosecution or
settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
detection;
(2) Facilitate
disregard of requirements imposed by law; or
(3) Give a clearly improper
advantage to persons who are in an adverse position to the
board.
g.
Identifying details in final orders, decisions and opinions to the
extent required to prevent a clearly unwarranted invasion of personal
privacy or trade secrets under Iowa Code section
17A.3(1)
"d. "
h. Any other records made
confidential by law.
(3)
Authority to release
confidential records. The board may have discretion to
disclose some confidential records that are exempt from disclosure
under Iowa Code section
22.7 or
other law. Any person may request permission to inspect records
withheld from inspection under a statute that authorizes limited or
discretionary disclosure as provided in rule
351-2.4
(22,68A,68B). If the board initially determines that it will release
such records, the board may, where appropriate, notify interested
parties and withhold the records from inspection as provided in
subrule 2.4(3).