Current through Register Vol. 46, No. 19, March 20, 2024
(1)
General. Agency 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. Records are
listed by category, according to the legal basis for withholding them from
public inspection.
a. Sealed bids received
prior to selection for professional services. (Iowa Code section
72.3
)
b. Tax records made available to
the agency. (Iowa Code sections
422.20
and
422.72
)
c. Records which are exempt from
disclosure under Iowa Code section
22.7.
d. Second injury fund records which represent
and constitute the work of an attorney, which are related to litigation or
claim made by or against the fund. (Iowa Code section
22.7(4)
)
e. Records of unclaimed property examinations
during the period of examination pursuant to the treasurer's authority to
examine holders. (Iowa Code section
556.23
)
f. Records of identity of owners
of public bonds or obligations maintained as provided in Iowa Code section
76.10
or by the issuer of the public bonds or obligations. However, the issuer of the
public bonds or obligations and a state or federal agency shall have the right
of access to the records. (Iowa Code section
22.7(17)
)
g. Minutes of closed meetings of a government
body. (Iowa Code section
21.5(4)
)
h. 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. "
i. Those portions of agency staff manuals,
instructions or other statements issued which set forth criteria or guidelines
to be used by agency 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 agency. (See Iowa Code sections
17A.2 and
17A.3
)
j. Records which
constitute attorney work product, attorney-client communications, or which are
otherwise privileged. Attorney work product is confidential under Iowa Code
sections
22.7(4),
622.10
and
622.11, Iowa
R.C.P. 122(c), Fed. R. Civ. P. 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.
k. Any other records made confidential by
law.
(3)
Authority to release confidential records. The agency may have
discretion to disclose some confidential records which 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 which authorizes limited or discretionary disclosure as
provided in rule 2.4(17A,22). If the agency initially determines that it will
release such records, the agency may, where appropriate, notify interested
parties and withhold the records from inspection as provided in subrule
2.4(3).
