Board of Supervisors: Open Records Policy and Procedure

Intent and Goal

This policy is intended to implement the provisions of Iowa Code Chapter 22 by helping members of the general public request the examination of public records and to assist employees in fulfilling those requests. This policy only applies to the records in the custody of the Board of Supervisors and those county departments and officials that report directly to the Board. Since the Attorney, Auditor, Recorder, Sheriff and Treasurer are elected positions, these officers are vested with unique discretion to carry out the legal duties and responsibilities of their offices. As such, they may exercise a degree of independence to set the policies and procedures of their respective offices to release their departmental records. These elected officers are the custodians of their own departmental records and may adopt this policy but may also independently set a policy for their office concerning the production of public records in their custody.

Preservation of Records

It is the policy of the Board of Supervisors to preserve all records, whether in electronic or physical form, to ensure the transparency of government unless there is a written policy regarding retention or disposition schedules of certain records. It is responsibility of the head of each elected office or department to determine a retention period and final disposition of the records in their custody and to provide for the maintenance, protection, and security of such records.

Terms

The Mahaska County Board of Supervisors is committed to the concept of open government exemplified by Iowa Code Chapter 22. Records that are not defined as public records or have been designated as confidential pursuant to the Iowa Code Chapter 22.7 are not required to be released in response to a request. Other portions of state and federal law may also govern access to public records. As the custodian of records, the Board of Supervisors shall determine by majority vote all records to be released and all records that are confidential and not subject to release. The Board recognizes that under Iowa Code 22 it may in its discretion release records even if they qualify as confidential records, subject to other provisions of state and federal law.

Documents, instruments and records maintained by the Mahaska County Recorder, as well as fees set by the Mahaska County Recorder for research and retrieval of documents, instruments and records filed with or maintained by the Mahaska County Office of Recorder, are exempt from this policy.

Making a Request for Public Records

The Board of Supervisors designates the County Auditor to accept open records requests on behalf of the Board and to ensure such requests are fulfilled in a timely manner. Requests may be made in person, in writing, by email, or by telephone. The public is encouraged to make requests in writing but is not required to do so. Anyone may make a request for public records without providing identification, reason, or motive for the request. For assistance in making a request for examination or copying of public records, the public is invited to contact the County Auditor.

Mahaska County Courthouse
c/o County Auditor
106 South 1st St. Oskaloosa, IA 52577
Ph: 641-673-7148
Fax: 641-673-2597
E-Mail: auditor@mahaskacounty.org

Responding to Requests

Requests for access to public records may be made in person, in writing or by telephone. Employees may not ask why the record is being requested nor require the identity of the requestor, but should try to get as much information as possible about what is being requested and how the requestor wishes the response be transmitted to them.

All requests for records shall be forwarded to the Auditor or designee. In the absence of a contrary departmental policy, all requests for records in the custody of the Attorney, Auditor, Recorder, Sheriff and Treasurer shall be made to the appropriate elected official. If the Auditor or designee receives a request in person or by telephone, the request should be immediately reduced to writing including the specifics of the information requested, the date and time of the request, whether the request is for copying, inspection or both and how the requestor expects the request fulfilled.

Upon receipt of a request for access to public records, all reasonable steps should be taken to preserve the public record while the request is pending. Requests will normally be fulfilled within twenty (20) business days unless: (1) additional time is necessary to respond to the request, (2) for legal compliance, or (3) if the Board seeks an injunction or determine if an injunction should be sought. If the Auditor or designee anticipates it will take longer than twenty (20) business days to fulfill the request, the person requesting the information should be notified.

If a person requests electronic records, the Information Technology Coordinator or designee shall be responsible for locating and collecting all such records and transmitting those records to the Auditor. Once the electronic or physical records have been collected by the Auditor, the Auditor or designee shall forward the records to the Board of Supervisors who will review the records and authorize their release by majority vote. If the request contains records that are potentially confidential, any member of the Board of Supervisors may request a written opinion of the County Attorney. The Board has the sole responsibility to designate records as confidential and must do so by majority vote. If any records are withheld, the person making the request shall be notified of the general nature of each confidential record and the reason why the record is being withheld.

After the vote by the Board, all approved records and a summary of those records withheld shall be sent to the requestor by the Auditor. In the case of electronic records, the Information Technology Coordinator or designee shall take all approved records and a summary of those records withheld and place them on an appropriate electronic medium for release by the Auditor. All requests shall receive a written response along with the requested documents. If the public record requested does not exist, this fact should be communicated to the requestor. The record sought may be provided in the form in which it is maintained by Mahaska County.

Availability

Public records will be available for public examination and/or copying during customary office hours, which are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding designated holidays. Immediate access to records may be affected by good faith efforts to identify and locate the correct records; or determine whether the request seeks disclosure of confidential records. The requesting party should be promptly notified if any delays are experienced or expected.

Fees

Reasonable fees may be charged to the requestor for the actual costs of producing a public record for inspection and/or copying. Departments under the auspices of the Board of Supervisors will charge fees according to the schedule appearing below. If the estimated total fees exceed $50.00, the requestor must agree to prepay expected fees.

Estimated fees and payment terms must be clearly communicated to the requestor as soon as possible. If a person requests electronic records, the Information Technology Coordinator or designee shall ascertain how many electronic records have been requested before the Auditor or designee submits a fee estimate to the requestor. If the Auditor or designee believes the request contains records that are potentially confidential, the County Attorney may estimate the time required to review such records before the Auditor or designee submits a fee estimate to the requestor. The following fees may be charged:

Photocopies
1. $0.25 per page (black and white)
2. $0.50 per page (color)
Electronic Media
1. $5.00 per CD or DVD
2. $10.00 per 8 GB USB drive
Facsimile
1. $1.00 per page (long distance)
2. $0.50 per page (local or toll-free)
Routinely prepared or bound reports
1. Actual cost to produce
Mailing
1. Actual mailing costs
2. All copies will be sent certified mail, return receipt requested.
Labor
1. Actual cost of employee time to supervise the examination of a public record, if over thirty minutes.
2. Actual cost of employee time to retrieve a public record, if over thirty minutes.
3. The thirty-minute free service is calculated based on time spent fulfilling any request placed in the same quarter by the same individual or entity.
4. The actual cost of employee time shall not include the costs of employee benefits, depreciation, maintenance, electricity, or insurance associated with the administration of the office, per Iowa Code 22.3.
Compliance
1. Legal review at the rate specified by the County Attorney to determine if a record is confidential
Additional Costs
1. Any costs not otherwise specified shall be charged to the requestor based on the actual costs incurred to fulfil the request, including but not limited to all amounts charged by third parties in connection with the fulfillment of any records request.

If the request contains records that are potentially confidential, any member of the Board of Supervisors may request that the County Attorney review such records and render a written opinion to the entire Board prior to a vote. The requestor is responsible for the cost of this review at a rate which reflects the current hourly wage of the County Attorney unless otherwise specified.

The Mahaska County Board of Supervisors recognizes it cannot fix policies, including the business practices in the Attorney's Office, Auditor's Office, Recorder's Office, Sheriff’s Office and Treasurer's Office who may independently establish policies for their offices. These offices may adopt this policy, including this fee schedule, but are not required to do so.

All fees collected shall be deposited in the general fund. However, if a fee or portion thereof is attributable to the work performed by or an expenditure of the Attorney's Office, Auditor's Office, Recorder's Office, Sheriff’s Office or Treasurer's Office, such fee or portion thereof shall be deposited into that department’s operating account.

Compliance

Requests and responses for examination of public records or copies of records shall be documented by giving to the Auditor or designee all information and documentation concerning the request, the employee responding to the request, the information requested, and full copy of the dated response. The Auditor or designee shall maintain a copy of all records related to a request including but not limited to: (1) payment information, (2) a copy of records given to a requestor, (3) proof of service or delivery, (4) a copy of all records withheld, (5) the written opinion of the County Attorney regarding the request, and (6) documentation regarding the vote of the Board of Supervisors authorizing or denying the request.

Official Record Requests

If an elected official or government entity requests records to fulfill their official duties, the request shall include a letter stating that the records are needed for official purposes and that the request is not being made pursuant to Iowa Code Chapter 22. For official record requests, the Board of Supervisors in their discretion may decide by majority vote to reduce or eliminate fees. If the request is made on behalf of a board or commission, such request must be approved by a majority vote of the board or commission with a minute of the vote attached. If an official record request does not contain a letter from the elected official or government entity or if there is no documentation that the request has been approved by majority vote of the board or commission, such requests shall be deemed public records requests under Iowa Code Chapter 22 and subject to the standard fee schedule.