While such records are the kind that the law intended to make public, there may be instances when nondisclosure may be warranted.
Does the University have to Respond? The law is mandatory and imposes penalties for non-compliance.
How Much Time Does the University Have to Respond? Generally, university units should respond as soon as reasonable. Ordinarily we try to respond in 10 days unless there is a good reason.
Protection of Official Records from Damage. If original records are provided, the University will have someone present to supervise the requester when they are going through the records. This is especially important if the requester is given access to electronic documents and there is a need to assure that the requester does not access confidential documents, or to assure no changes are made to data or information systems. The University charges fees for such supervision.
University units may also set reasonable rules for access so as to preserve the records. For example, to maintain the order of documents.
What Charges Apply? University policy requires that all requesters will be charged for copies and access to public records when:
The applicable charges are:
| Copying charges: | $.10 per page (including labor for copying) |
| Labor charges:
|
$15 per hour for finding, retrieving and supervision of access. Also, includes time for contacting persons mentioned in records if the records contain personal or proprietary information. No charge should be made for time to review records to determine whether an exemption applies, or to redact confidential information. |
| Programming charges: | The actual cost of programming, if the official record is in an electronic database, and retrieval requires programming charges. |
If the copying charges will exceed $100, or if the requester has failed to pay for previously provided records, the University may require payment at the time the records are provided.
What Records are Exempt from Disclosure? There is a list of over forty exemptions in the Iowa statute. See, Iowa Code Sec. 22.7. The main exemptions are for:
It is not possible to provide a definitive list of all kinds of records that are exempt because Iowa law allows an exemption when disclosure would not be in the public interest. Iowa Code Sec. 22.7
For this reason, University employees processing such requests should seek advice of the persons listed below in case of questions.
If the Record is Exempt, is the University Required Not to Release it? It depends. Generally, the law allows discretion to the University to release records that are exempt. However, many records, including student and medical records, are required by law to be maintained as confidential. In other cases, disclosure may be unfair to the subject of the record and lead to claims of violation of privacy.
Releasing Sensitive Records. The following records are sensitive. Before releasing sensitive records, we ask those who are handling such requests to consult with the following persons:
The Information Requested is not in a Record? If there is no record with the information, it is appropriate to respond to a public records request that there is no record with the requested information. Nothing requires the University to make a record that does not already exist.
Appeals. A person whose request has been denied may appeal to Pamela Elliott Cain, the University’s Public Records Officer.
What Happens if a Record is Improperly Withheld?The law allows the imposition of damages of up to $500 per violation against persons who improperly deny access to public records. Such damages are not awarded when acting on a reasonable belief that the documents are exempt or acting upon advice of counsel. The court also awards attorney's fees if a court finds a violation of the law. Knowing violation of the public records law is a simple misdemeanor.
TIPS FOR UNIVERSITY OFFICES ON COMPLYING WITH THE LAW
1. Consult with someone knowledgeable about the public records law, especially where sensitive records are concerned:
Pamela Elliott Cain, Associate Vice President and Public Records Officer, 294-6218, Fax 294-1621, pelliott@iastate.edu
Paul Tanaka, University Counsel, 294-5352, Fax 294-1799, ptanaka@iastate.edu
Kathleen Jones, Registrar (student records), 294-1840, Fax 294-1088, kmjones@iastate.edu
John McCarroll, Director of University Relations (media requests), 294-6137, Fax 294-9748, jmccarol@iastate.edu
2. It is helpful to have the request in writing so that those reviewing the request know what has been requested. However, you may not require the request to be written.
3. If you expect that charge for the documents will be substantial (more than $20), please communicate with the requester, and find out what they are willing to pay, and if they set a limit on costs, a priority for the records they wish to have provided first.
4. If the request is for a large number of records, and the records do not include sensitive information, invite the requester to visit the office to examine the files and determine what records they are interested in. This avoids wasting your time looking for records and disputes over whether search costs are warranted. You may charge for supervision of access to the records to assure that the records are properly preserved.
5. Keep a record of your response, so that you can show how you have complied with the law.
(1) The guidelines in this document are currently under review. In case of conflicts between these guidelines and the law or court interpretations of the law, the law or court interpretation will prevail.
|
| Iowa State University's Public Records Officer Pamela Elliott Cain 1350 Beardshear Hall Iowa State University Ames, IA 50011-2038 Phone: (515) 294-6218 Facsimile: (515) 294-1621 E-Mail: pelliott@iastate.edu Last Update: 9/14/07 |