Recent Law Changes to Iowa Sunshine Laws Impacting Posting Requirements for Public Meeting Agendas

What are some of the key agenda posting changes? Agendas for public meetings as defined in Chapter 21 must now be posted:

• In a “prominent and conspicuous place” which is annually designated by the governmental body and is visible at all times; and
• On the primary internet site owned or maintained and regularly updated by the governmental body or other primary internet presence moderated by the governmental body, if applicable.

Amended agendas must now meet the following requirements:

• An agenda that had been previously posted may be amended by posting a revised agenda marked as “AMENDED,” and identifying the amended provisions. The governmental body must provide notice of the amended agenda in the same manner as an original agenda, including the new posting requirements set forth above. Any amended agenda must also be posted at least 24 hours prior to the public meeting.

The new requirement that the agenda posting be “visible at all times” creates issues if the posting location is inside a building that is not open to the public 24 hours per day, thereby necessitating moving the posting location to exterior doors, windows or other prominent and conspicuous places. Accordingly, if for years a governmental body has been posting public meeting agenda on an interior bulletin board, these recent legislative changes may require finding a new posting spot if that interior bulletin board is not accessible to the public all day, every day.

Additionally, while the governmental body is not required to create a website or start an Instagram or Facebook account to post meeting agendas under House File 2490, it is required to post meeting agendas on existing internet sites regularly maintained by the governmental body or existing and regularly updated social media sites.The posting of the agenda on the governmental body’s website or on social media does not alleviate the requirement to also post the agenda at a physical location constituting a “prominent and conspicuous place” annually designated by the governmental body.

It is important to remember that the purpose and spirit of the Open Meetings Law is to “let the sunshine in” to the decision making and deliberation process of governmental bodies and to “assure, through a requirement of open meetings of governmental bodies, that the basis and rationale of governmental decisions as well as those decisions themselves, are easily accessible to the people.”² Posting the agenda for public meetings in a location accessible to the public is an important part of that process.

As always, Dorsey & Whitney attorneys are available to answer any questions you may have about this eUpdate.