Iowa Administrative Code › Agency 495 - Iowa Public Employees' Retirement System › Chapter 17 - Public Records and Fair Information Practices › Rule 495-17.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Records under the jurisdiction of the agency are
			 open for public inspection and copying unless otherwise provided by these
			 rules.
(2)
Confidential
			 records.
The following records under the jurisdiction of the agency
			 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 the time set
			 for public opening of bids. See Iowa Code section
			 72.3.
b. Procurement proposals prior to completion
			 of the evaluation process and the issuance of a notice of intent to award a
			 contract, provided that, if requests for proposals are canceled prior to the
			 issuance of a notice of intent to award, all procurement proposals shall be
			 returned in confidence to the bidders and no file copies shall be
			 retained.
c. Tax records made
			 available to the agency.
d. Records
			 which are exempt from disclosure under Iowa Code sections
			 22.7 and
			 97B.17,
			 including, but not limited to:
(1)
			 Communications not required by rule, law, procedure or contract to the extent
			 that the agency reasonably believes that such communications would not be made
			 if the supplier knew the information would be made available for general public
			 examination. These records are confidential under Iowa Code section
			 22.7(18).
(2) Data processing software, as defined in
			 Iowa Code section
			 22.3A,
			 which is developed by a governmental body.
(3) Log-on identification passwords, Internet
			 protocol addresses, usernames, private keys, or other records containing
			 information which might lead to disclosure of private keys used in a digital
			 signature or other similar technologies as provided in Iowa Code chapter
			 554D.
(4) Records which if
			 disclosed might jeopardize the security of an electronic transaction pursuant
			 to Iowa Code chapter 554D.
e. Minutes of closed meetings of a government
			 body under Iowa Code section
			 21.5(4).
f. 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)
"e."
g. Those
			 portions of agency manuals, examination materials, instructions or other
			 statements issued which set forth criteria or guidelines to be used in
			 auditing, in making inspections, in settling commercial disputes or negotiating
			 commercial contract arrangements, or in the selection or handling of cases,
			 such as operational tactics on 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.
h. 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)
			  and
			 622.10,
			 Iowa R.C.R 1.503, Fed. R.Civ.P. 26(b)(3), and case law. Attorney-client
			 communications are confidential under Iowa Code section
			 622.10,
			 the rules of evidence, the Code of Professional Responsibility, and case
			 law.
i. Any other records made
			 confidential by law.