22.10 - CIVIL ENFORCEMENT.
22.10 CIVIL ENFORCEMENT.
1. The rights and remedies provided by this section are in
addition to any rights and remedies provided by section 17A.19. Any
aggrieved person, any taxpayer to or citizen of the state of Iowa, or
the attorney general or any county attorney, may seek judicial
enforcement of the requirements of this chapter in an action brought
against the lawful custodian and any other persons who would be
appropriate defendants under the circumstances. Suits to enforce
this chapter shall be brought in the district court for the county in
which the lawful custodian has its principal place of business.
2. Once a party seeking judicial enforcement of this chapter
demonstrates to the court that the defendant is subject to the
requirements of this chapter, that the records in question are
government records, and that the defendant refused to make those
government records available for examination and copying by the
plaintiff, the burden of going forward shall be on the defendant to
demonstrate compliance with the requirements of this chapter.
3. Upon a finding by a preponderance of the evidence that a
lawful custodian has violated any provision of this chapter, a court:
a. Shall issue an injunction punishable by civil contempt
ordering the offending lawful custodian and other appropriate persons
to comply with the requirements of this chapter in the case before it
and, if appropriate, may order the lawful custodian and other
appropriate persons to refrain for one year from any future
violations of this chapter.
b. Shall assess the persons who participated in its violation
damages in the amount of not more than five hundred dollars nor less
than one hundred dollars. These damages shall be paid by the court
imposing them to the state of Iowa if the body in question is a state
government body, or to the local government involved if the body in
question is a local government body. A person found to have violated
this chapter shall not be assessed such damages if that person proves
that the person either voted against the action violating this
chapter, refused to participate in the action violating this chapter,
or engaged in reasonable efforts under the circumstances to resist or
prevent the action in violation of this chapter; had good reason to
believe and in good faith believed facts which, if true, would have
indicated compliance with the requirements of this chapter; or
reasonably relied upon a decision of a court or an opinion of the
attorney general or the attorney for the government body.
c. Shall order the payment of all costs and reasonable
attorney fees, including appellate attorney fees, to any plaintiff
successfully establishing a violation of this chapter in the action
brought under this section. The costs and fees shall be paid by the
particular persons who were assessed damages under paragraph "b"
of this subsection. If no such persons exist because they have a
lawful defense under that paragraph to the imposition of such
damages, the costs and fees shall be paid to the successful plaintiff
from the budget of the offending government body or its parent.
d. Shall issue an order removing a person from office if that
person has engaged in a prior violation of this chapter for which
damages were assessed against the person during the person's term.
4. Ignorance of the legal requirements of this chapter is not a
defense to an enforcement proceeding brought under this section. A
lawful custodian or its designee in doubt about the legality of
allowing the examination or copying or refusing to allow the
examination or copying of a government record is authorized to bring
suit at the expense of that government body in the district court of
the county of the lawful custodian's principal place of business, or
to seek an opinion of the attorney general or the attorney for the
lawful custodian, to ascertain the legality of any such action.
5. Judicial enforcement under this section does not preclude a
criminal prosecution under section 22.6 or any other applicable
criminal provision. Section History: Recent Form
84 Acts, ch 1185, § 9; 2005 Acts, ch 99, §2