Iowa Administrative Code › Agency 11 - Administrative Services Department › Title I - General Departmental Procedures › Chapter 4 - Public Records and Fair Information Practices › Rule 11-4.13 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open
				records.
Department records are open for public inspection and copying
				unless otherwise provided by rule or law.
(2)
Confidential records.
The following records under the jurisdiction of the department may be withheld
				from public inspection. Records are listed by category, according to the legal
				basis for withholding them from public inspection.
a. The department is a depository for the
				records of other public bodies. Records are maintained on paper, audiotape,
				microform, and electronic information storage and media systems. Although these
				records are in the physical possession of the department, the responsibility
				for compliance with Iowa Code chapter 22 remains with the "lawful custodian."
				The public body requesting creation or storage of the record by the department
				is the lawful custodian (see Iowa Code section
				22.1, definition of "lawful
				custodian"). All such records are confidentially maintained while in the
				possession of the department. Requests for access to any such records must be
				directed to the lawful custodian. Any records maintained by the department
				concerning the content, location, or disposition of such records are
				confidential in order to maintain security for access to confidential records
				pursuant to Iowa Code section
				22.7.
b. Sealed bids received prior to the time set
				for public opening of bids. (Iowa Code section
				72.3)
c. Procurement proposals prior to completion
				of the evaluation process and the issuance of a notice of intent to award a
				contract by the appropriate procurement authority. (11-subrule 105.19(3), Iowa
				Administrative Code)
d. Tax records
				made available to the department. (Iowa Code sections
				422.20 and
				422.72)
e. Records which are exempt from disclosure
				under Iowa Code section
				22.7.
f. Minutes of closed meetings of a government
				body. (Iowa Code section
				21.5(4)
				)
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)
"e."
h. Those
				portions of department staff manuals, instructions, or other statements issued
				which set forth criteria or guidelines to be used by department 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 of 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 department. (See Iowa Code
				sections 17A.2 and
				17A.3.)
i. 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),
				602.10112,
				622.10 and
				622.11, Iowa R. Civ. P.
				1.503(3), Fed. R. Civ. P. 26(b)(3), and case law.
j. Reports to government agencies which, if
				released, would give advantage to competitors and serve no public purpose.
				(Iowa Code section 22.7)
k. Vehicle accident reports submitted to the
				department by drivers and peace officers. (Iowa Code section
				321.271)
(1) However, access shall be granted to those
				persons authorized by Iowa Code section
				321.271.
(2) Pursuant to Iowa Code section
				22.7, the lawful custodian may
				release the following information from peace officers' accident reports even
				though the reports are confidential: date, time, and location of accident;
				names of parties to the accident; owners and descriptions of the motor vehicles
				involved; name of investigating officer; names of injured; locations where
				motor vehicles and injured were transported; and the identification and owners
				of damaged property other than motor vehicles.
l. Confidential assignments of state vehicles
				by fleet services. These records include letters/memos detailing driver
				assignments and plate numbers for selected vehicles pursuant to Iowa Code
				sections 8A.362 and
				321.19(1).
m. Computer resource security files
				containing names, identifiers, and passwords of users of computer resources.
				This file must be kept confidential to maintain security for access to
				confidential records pursuant to Iowa Code section
				22.7.
n. Personal information in confidential
				personnel records of public bodies including but not limited to cities, boards
				of supervisors, and school districts.
o. Communications not required by law, rule,
				or procedure that are made to a government body or to any of its employees by
				identified persons outside of government, to the extent that the government
				body receiving those communications from such persons outside of government
				could reasonably believe that those persons would be discouraged from making
				communications to that government body if the communications were available for
				general public examination. (See Iowa Code section
				22.7.)
p. Information contained in records of the
				centralized employee registry created in Iowa Code chapter 252G, except to the
				extent that disclosure is authorized pursuant to Iowa Code chapter 252G. (See
				Iowa Code section 22.7.)
q. Data processing software, as defined in
				Iowa Code section
				22.3A,
				which is developed by a government body.
r. Log-on identification passwords, Internet
				protocol addresses, private keys, or other records containing information which
				might lead to the disclosure of private keys used in a digital signature or
				other similar technologies as provided in Iowa Code chapter 554D.
s. Records which if disclosed might
				jeopardize the security of an electronic transaction pursuant to Iowa Code
				chapter 554D.
t. Any other records
				made confidential by law.