Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Open records. Open
records will be available to the public during customary office hours, which
are 8 a.m. to 4:30 p.m., Monday through Friday (except holidays). Immediate
access to records may be affected by a good-faith effort to verify the scope of
the records requested and to determine whether any of the records or
information contained therein is confidential in nature.
In the event circumstances prolong a timely response, the
department will notify the requester at once and attempt an alternate
arrangement to provide the response in a manner satisfactory to the requester.
For nonproprietary records, the department is only a repository and is not the
"lawful custodian" of the records under the meaning of Iowa Code chapter 22.
Nonproprietary records will be provided only to the unit of state government
that is the lawful custodian of such records under Iowa Code chapter
22.
(2)
Requesting
records. Requests for access to a public record may be made by mail,
electronically, by telephone or in person. A request for access to a public
record should be made to the director, who will be responsible for implementing
the requirements of public records laws inside the department.
a. A person who submits a request for public
records will provide the person's name, address, and telephone number in order
to facilitate effective communication with the department regarding the
request.
b. Mail requests will be
addressed to: Director, Department of Management, State Capitol Room 13, 1007
East Grand Avenue, Des Moines, Iowa 50319-0015.
c. Electronic requests will include the term
"Public Records Request" in the subject field and should be sent to the
director's email address as found on the department's website at
dom.iowa.gov.
d. Telephone requests should be made to
515.281.3322.
e. A person who submits a request orally will
receive a verification letter or electronic communication, whichever is
preferred by the requester, from the department verifying the specific scope of
the search requested. The verification letter or electronic communication will
be transmitted before the request for documents is processed.
In the event that a request cannot be fulfilled within a
reasonable time, the requester will be so notified and an estimated completion
date will be provided.
(3)
Record identification.
Requests for access to a public record will identify the particular public
record to which access is requested by name or description in order to identify
efficiently the desired record.
a. The
requester's description should specify:
(1)
The particular type of record sought.
(2) The particular time period to be searched
by start and end date.
(3) The
author or recipient, or both, of the record requested, to the extent
possible.
(4) To the extent
possible, the particular records medium to be searched (e.g., letters,
memoranda, reports, recordings).
(5) Any other pertinent information that will
assist the department in locating the record requested.
b. The requester will specify if the request
applies to a record stored in an electronic form and shall list the search
terms to be used.
(4)
Record search. Department of management personnel should
direct public records requests to the director for docketing and processing.
Before a search is conducted, the director may contact the requester if there
are questions concerning the scope of the record request. The department of
management will employ a staff member who is proficient in conducting
electronic records searches within the department. This individual will be
responsible for conducting all searches for electronic records that are
accessible inside the department of management.
a. Upon receipt of a request for access to a
public record, the department will promptly take all reasonable steps to
preserve a public record while the request is pending.
b. Every public record that is gathered
pursuant to a records request will be examined to determine whether the record
is confidential and for completeness in response to the request.
c. Every record that is presented to the
public for review will be attached to a transmittal letter that specifies the
manner in which the records search was performed.
d. Questions by the public regarding the
scope of a records search or requests for an expanded search should be
submitted to the director in writing.
(5)
Fees. A fee for time
spent retrieving an open record or supervising the public examination of an
open record, or both, may be charged to the requester of the record in an
amount equal to the actual cost of time spent providing nonincidental retrieval
or supervisory services, or both, as provided under applicable law. Whenever
possible, an estimate of fees will be provided to the requester before a search
is initiated.
a. The actual cost for
nonincidental retrieval or supervisory services, or both, may vary according to
the nature of the search that is specified by the requester. However, the fees
for nonincidental retrieval or supervisory services, or both, performed by
department of management staff pursuant to a request for records that are
accessible inside the department of management will ordinarily be set at $15
per hour. The fees for department of management records that are accessible
only with the assistance of department of administrative services or state
archives personnel will be based on the fee structure that is established by
those agencies. Requesters are generally billed for fees after their request
has been processed. However, if total fees are expected to exceed $250, the
department of management may need payment in advance of processing.
b. Photocopies of open records located in the
department office will be provided at no charge for the first 25 pages, and 20
cents per page for each additional page.
