State Library and Iowa Public Information Board review sunshine laws, agenda and records rules for public library boards

Mary Ann Morey, district consultant for the Central District at the State Library of Iowa, and Bridal Eckley, executive director of the Iowa Public Information Board, reviewed Iowa’s open-meetings and open-records laws for public library boards during a State Library webinar.

“Iowa has two of them…found in chapter 21, the open meetings law, and chapter 22, the open records law,” Mary Ann Morey said, explaining the statutory basis for the rules that apply to library boards.

The presentation focused on practical compliance steps for trustees and directors. Bridal Eckley told attendees that “an open meeting is essentially a meeting the public is entitled to attend,” and emphasized that a gathering of a majority of board members that involves deliberation or action on policymaking issues meets the statutory definition of a meeting.

Why it matters: Library boards created by statute generally are governmental bodies subject to Chapters 21 and 22; failing to follow notice, recordkeeping or closed-session rules can trigger IPIB complaints, formal contested cases and, under legislation discussed in the presentation, higher fines for intentional violations.

Key legal points and recommended practices

- Which bodies are covered: The presenters said a public library board created under Iowa Code section 392.5 qualifies as a governmental body under chapter 21 and is therefore subject to both chapter 21 (open meetings) and chapter 22 (open records). Mary Ann Morey summarized that board packets, budgets, director reports and other materials provided to a board are typically public records.

- What constitutes a meeting: Bridal Eckley described the four core components: a majority of members, deliberation or action, a subject within the body’s policymaking authority, and a collective decision-making context. She warned that a majority communicating by email, text or private chat about board business can create an illegal meeting.

- Notice and agendas: The presenters said agendas must be posted at least 24 hours before a meeting and should list specific items so the public understands what will be discussed (for example, “Fiscal Year 2026 budget” rather than “new business”). They noted the statutory posting requirement is satisfied by a physical posting at the building where the meeting will occur even if the agenda is also posted online.

- Remote participation after the 2024 revision: The presenters explained that section 21.8 was revised effective July 2024 to require that every board member have access to participate remotely in each meeting (for example, by Zoom or phone). The public must be able to hear the deliberations: for hybrid meetings that means an in‑person location where the public can hear remote participants; for fully virtual meetings the public must be given remote access (web link, livestream or dial‑in).

- Minutes, recordings and custodian duties: Iowa law requires minutes that include date, time, place, board attendance and any actions taken. Non‑unanimous votes must identify how members voted. There is no general legal requirement to record whole meetings, but any closed session must be recorded. The presenters cited an Iowa Attorney General opinion (80‑9‑19, 09/30/1980) that identifies the head librarian or director as the usual lawful custodian of library records.

- Public records requests and fees: Draft minutes are public records and must be provided if requested. Boards may charge only the actual cost of retrieval and copying; IPIB reported an example actual copying cost of approximately $0.01 per page and encouraged bodies to provide short requests at no charge when feasible.

- Closed sessions: Iowa Code section 21.5 allows closed sessions for limited reasons (employee evaluation, legal advice, litigation) but the board must put the potential closed session and statutory authority on the agenda, vote to enter closed session in open session and identify the statutory basis. Eckley advised consulting counsel before using closed sessions for employee evaluations because recent appellate guidance narrows the circumstances (the individual must request a closed session and the board must determine there is a risk of “needless and irreparable injury” to reputation).

- Public comment and meeting management: Section 21.7 permits boards to adopt reasonable, viewpoint‑neutral rules for public comment (for example, overall time limits and per‑speaker limits). Boards may not take up new agenda items requiring deliberation or action unless the item was posted or the matter meets the emergency exception.

Enforcement and remedies

Bridal Eckley described IPIB’s complaint process: IPIB first determines jurisdiction (timeliness and subject matter), reviews the filed information, requests a response from the board, and seeks informal resolution where possible (training, policy updates, public acknowledgment in minutes). If a board refuses informal remedies, IPIB may hold a contested case and, if a violation is found, require corrective measures; presenters noted proposed legislation discussed in the webinar that would raise fines substantially for intentional violations.

Resources and next steps

The presenters pointed attendees to IPIB’s advisory opinions and rulings (ipib.iowa.gov) and the State Library of Iowa’s trustee resources (statelibraryofiowa.gov). They recommended that trustees and directors consult those advisory opinions, keep agendas specific, post paper copies at the building entrance, avoid deliberating by email or group text and consult counsel before entering closed sessions.

"Don't reply all," Bridal Eckley advised when boards circulate information by email; "send it BCC…Please do not respond to this. We will discuss this at the upcoming meeting."

The webinar included audience Q&A on social gatherings of trustees (ministerial/training events typically are not open meetings so long as no deliberation occurs), repeated public commenters (boards may apply neutral time limits but generally must allow comment that conforms to meeting rules), and countywide trustee trainings (recommended as ministerial; presenters suggested transparency notices where helpful).