Gov. Kim Reynold on Friday vetoed a bill that would increase penalties for violating Iowa's open meetings law, saying parts of the bill could create a loophole for government agencies to meet behind closed doors.
The bill, House File 2539, would increase fines for violating Iowa's open meetings law to up to $12,500 for a knowing violation and $2,500 for an unknowing violation.
The dispute arose over last-minute amendments that senators added to the bill just before passing it in the final week of session earlier this year.
Iowa's government agencies, boards, and commissions are generally required to meet in public and follow certain transparency rules under the Open Meetings Act.
Current law allows members of organizations to meet for “administrative or social” purposes as long as they do not discuss policy. The proposed amendments sought to expand these exceptions so that the attendance of members of government agencies at the same event sponsored by a political party, candidate, or civil society group would not be considered a public meeting.
However, as government transparency groups pointed out in a letter to Reynolds, the revised language does not continue the condition that policy cannot be discussed at these gatherings. The result, they said, was a loophole that allowed government agencies to hold closed-door meetings to discuss public policy.
In his veto letter, Reynolds said he echoed those concerns but hoped Congress would continue to push for legislation that would strengthen transparency. This was the only bill Reynolds vetoed this Congress.
“While well-intentioned, the revised definition is unnecessary and will cause confusion,” Reynolds, a Republican, said in the letter. “Open meeting laws need to be clear, otherwise their application and enforcement will be inconsistent and diverse.”
The Iowa Public Affairs Commission and the Iowa Freedom of Information Council warned in a letter to Reynolds this month that the bill could weaken Iowa's open meetings law.
“Instead of clarifying that members of government committees can attend political party or civic group events without violating Iowa's open meetings law, the actual language of the bill on file does not allow the government to discuss policy issues.” Board members attend social gatherings and cabinet meetings,” said Randy Evans, president of the Iowa Freedom of Information Council, on May 14. wrote.
Erica Eckley, executive director of the Iowa Public Affairs Commission, said current law already allows members of public organizations to attend civic and political events as long as they do not discuss policy, so the change is necessary for the purpose of the provision. said it was unnecessary.
Erika Eckley, Executive Director, Iowa Public Affairs Commission (Erica Eckley)
Lawmaker: Veto 'doesn't make sense' in Scott County
Rep. Gary Mohr (R-Bettendorf) introduced the bill in the Iowa House of Representatives in response to concerns about the city of Davenport's $1.6 million settlement with its former city manager without a public vote of the City Council.
He said he was disappointed that the governor vetoed the bill and wished he had contacted him before making a decision. Mohr said he wished Reynolds had signed the bill now and asked lawmakers to fix any ambiguities in the next legislative session.
On June 5, 2023, Governor Kim Reynolds toured the site of the Davenport Building collapse in Davenport. On May 28, an 80-unit apartment building in downtown Davenport collapsed, killing three people and injuring several others. (Nikos Frazier/Quad City Times)
“I just don't understand why the governor would veto that bill. I think it's important to increase the penalties fivefold,” he said. “And what's happening in Davenport is going to happen in other places and people will continue to hide public records.”
Mohr said Quad-Cities residents have contacted him with concerns about transparency regarding Davenport's separation agreement and records regarding a partial building collapse in May 2023 that killed three people. He said current laws are inadequate to deal with serious violations of the law.
Rep. Gary Mohr, R-Bettendorf
“I introduced the original bill in response to public outcry that this wasn't right, and they wanted something done about it,” he said. “That's why I don't think this bill will sit well in Scott County, because Scott County residents are the ones who encouraged me to introduce this bill in the first place.”
Rep. Brent Siegrist, a Republican from Council Bluffs who carried the bill in the House, said he expects House members to revisit the bill next year. He said he thought the House version was stronger before the senators' amendment.
“The Senate saw fit to make the changes in the last hours, otherwise the bill would have been signed and stronger open records laws would have been enacted,” he said. “So we’re going to come back to this issue next year and try to get the House version passed again.”
Erin Murphy of the Des Moines Gazette Bureau contributed.
