Ever tried to get a straight answer from a government office and felt like you were hitting a brick wall? It’s frustrating. But in Iowa, you actually have a massive legal sledgehammer in your back pocket. It’s called Chapter 22 Iowa Code, also known as the Examination of Public Records law.
Most people just call it the "Open Records Law."
Basically, the law assumes that every record created by a government body—whether it’s a tiny school board or the Governor’s office—is open for you to look at. Transparency is the default. Secrecy is supposed to be the rare exception. But if you’ve ever actually filed a request, you know the gap between what the law says and what actually happens can be huge.
Bureaucracy is a beast.
What Actually Counts as a Public Record?
If a government official writes it, types it, or records it while doing their job, it’s probably a public record under Chapter 22 Iowa Code. We aren't just talking about dusty paper files in a courthouse basement. It includes emails, text messages on personal phones (if they're about state business), body camera footage, and even those massive databases that track where tax dollars go.
Iowa’s definition is incredibly broad.
The Iowa Supreme Court has been pretty clear about this. In cases like Giller v. Iowa Employment Security Commission, the courts have leaned toward disclosure. If there’s a doubt about whether something should be public, the law says the tie goes to the citizen. You don't even have to live in Iowa to ask for these things. Any "person" can make a request.
The "Secret" Exceptions
Now, it’s not a free-for-all. There are over 70 exceptions tucked away in Section 22.7. These are the things the government can keep secret, and usually, they will.
- Student records: Your kid's grades are safe.
- Medical records: HIPAA and Chapter 22 keep these private.
- Trade secrets: If a private company gives the state a secret formula to get a grant, that stays hidden.
- Police investigative files: This is a big one. While a "peace officer’s investigative report" can be kept secret, the "date, time, specific location, and immediate facts" of a crime must be public.
This last point is where things get messy. Law enforcement often tries to hide everything under the "investigative" umbrella. It’s a constant tug-of-war between police departments and the press. Honestly, it’s one of the most litigated parts of the whole code.
The Cost of Information
Here is the part that catches people off guard. Information is free, but the work to get it isn't. Under Chapter 22 Iowa Code, agencies can charge you "reasonable" fees.
What's reasonable?
The law says they can charge for the time it takes to find the record and supervise you while you look at it. They can also charge for "actual" costs like photocopying. However, they aren't supposed to make a profit. Some agencies will quote you $5,000 for a simple email search just to scare you away. It’s a classic stalling tactic.
You should always ask for an estimate first. If the price seems insane, you can challenge it. The Iowa Public Information Board (IPIB) is a great resource for this. They are a state agency specifically created to referee these fights so you don’t have to hire a lawyer every time you want to see a city councilor's calendar.
How to Actually Get What You Want
Don't just walk in and say, "I want everything." You'll get ignored or billed into oblivion. You have to be surgical.
First, put it in writing. While the law technically allows for oral requests, a paper trail is your best friend if things go south. Be specific. Instead of "all emails about the new park," try "all emails between the City Manager and the Parks Department containing the keyword 'zoning' from January 1 to March 1."
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The timeline is also tricky. Chapter 22 Iowa Code doesn't give a hard deadline like "within 5 days." It says "promptly." The Iowa Supreme Court has suggested that 20 calendar days is a reasonable upper limit for determining if a record exists, but for simple stuff, it should be much faster.
If they take forever? That's a "delay," which can be treated as a "refusal."
Real World Example: The "Diercks" Standard
There was a famous case involving a guy named Diercks and the City of Bettendorf. It set a precedent for how the government has to handle these requests. You can't just give a blanket "no." If a record has some private stuff and some public stuff, the agency has to redact (black out) the private parts and give you the rest. They can't just throw the whole document in the trash because one sentence is confidential.
Enforcement: What if They Ignore You?
This is where the law gets some teeth. If a government body knowingly violates Chapter 22 Iowa Code, they can be sued. If you win, the court must order them to pay your attorney fees.
This is huge.
It means a regular person can hold a powerful agency accountable because the agency knows they might end up paying for the citizen's lawyer. Also, the individual officials involved can be fined between $100 and $2,500. It doesn't sound like much, but it comes out of their pocket, not the taxpayer's. That tends to get their attention.
Common Misconceptions
A lot of people think they need a "valid reason" to see a record. You don't. You can want the records because you're a journalist, a concerned neighbor, or just because you're bored on a Tuesday. The agency isn't allowed to ask why you want them.
Another myth is that "drafts" aren't public. Wrong. If a draft is kept by the office, it's a record. Just because it isn't the final version doesn't mean it’s exempt from Chapter 22.
Actionable Steps for Your Next Request
If you're ready to dive in, follow this roadmap to avoid the typical bureaucratic runaround:
- Identify the Custodian: Every agency has a "lawful custodian" of records. Usually, it's the City Clerk, the Superintendent's secretary, or a specific PIO (Public Information Officer). Send your request directly to them.
- Use the Magic Words: Explicitly state: "This is a request for public records pursuant to Chapter 22 of the Iowa Code." It signals that you know your rights.
- Request Electronic Format: Ask for the files in their native digital format (like PDF or Excel). It’s usually cheaper and easier for them to send than printing hundreds of pages.
- Narrow the Scope: If they come back with a high price, ask them how they calculated the fee. Sometimes, just asking for a breakdown makes the "search fees" magically drop.
- Use the IPIB: If you get a flat "no" or if they stop responding, file a formal complaint with the Iowa Public Information Board at ipib.iowa.gov. It’s free and they have the power to issue subpoenas.
- Keep Your Notes: Record when you sent the request, who you talked to, and what they said. This is evidence if you ever need to go to court.
Transparency is the only way to keep government honest. Chapter 22 Iowa Code isn't perfect, and it’s definitely not always easy to use, but it’s the best tool Iowans have to see what’s happening behind closed doors. Don't be afraid to use it.