===== PAGE 1 ===== # PUBLIC RECORDS REQUEST POLICY ### 1. Purpose The Public Records Policy defines the procedures and fees associated with the receipt of and response to public record requests made to Dubuque County (“County”). It is the policy of the County to respond to requests to inspect or receive copies of public records maintained by the County in an orderly and expeditious manner in accordance with Iowa Code Chapter 22. ### 2. Applicability This policy applies to all Dubuque County departments, officials, employees, and elected offices. Elected officials maintain statutory independence, but adoption of this policy is required to promote consistent countywide compliance and reduce liability associated with public record requests. ### 3. Background Dubuque County recognizes the public's right to access records maintained by the County as established under Iowa law. The County also recognizes certain records: • Are confidential under Iowa Code §22.7 • Are protected by attorney-client privilege • Contain personal or sensitive information • Contain security-related information (§22.7(50)) • Are draft documents not yet finalized (§22.7(65)) Electronic communications including email, text messages, instant messages, and electronic files relating to County business are public records regardless of whether such communications occur on County-owned or personal devices or accounts. This policy balances public access with confidentiality obligations, protects the integrity of County records, and establishes uniform procedures for responding to public records requests, including coordination with appropriate County departments when records may contain confidential, privileged, protected, personnel, medical, investigation-related, security-related, or technology-related information, and a fee structure reflecting actual costs incurred. ### 4. Designated Custodian Iowa Code Section 22.1(2) requires government bodies to designate an official or employee as its “lawful custodian” responsible for implementing the requirements of Iowa Code Chapter 22 and to provide that information to the public. The County’s “lawful custodian” is the Auditor. ### 5. Public Records Requests ===== PAGE 2 ===== The following procedures shall be followed by the departments subject to this policy when receiving and responding to requests to inspect or receive copies, whether paper or electronic, of public records maintained by the County. A) Requests for access to public records may be made in person, in writing, by telephone or by electronic means. Individuals are encouraged but not required to make requests in writing to ensure a clear understanding of the request by the County, which will in turn avoid potential wasted time, avoid an inaccurate or incomplete response, and avoid the transmission of documents not requested. The form accompanying this policy is for convenience only. In order to accurately and timely process a records request, the County needs to know the full extent of the request and how to contact the requester in case the Auditor has questions or concerns. a. When reviewing records responsive to a request, the lawful custodian shall coordinate with the appropriate County department to identify responsive records and review for confidential, protected, privileged, personnel, medical, investigation-related, security-related, or other legally restricted information. Requests involving Human Resources records shall be reviewed in coordination with Human Resources. Requests involving electronic records, email retrieval, access logs, security systems, metadata, or other technology-related records shall be reviewed in coordination with Information Technology. The County Attorney shall be consulted as necessary for legal review and redaction. b. Electronic communications including email, text messages, instant messages, and electronic files relating to County business are public records regardless of whether such communications occur on County-owned or personal devices or accounts. c. Departments must take all necessary steps to preserve any and all potentially responsive records upon receipt of a request. B) Any request for public records maintained by the County must be referred to the Auditor for review of the request, preparation of a cost estimate in accordance with this Policy if appropriate, collection of estimated costs, followed by the compilation of responsive documents/records, calculation of a final invoice related to the expense of responding to the request, communication to the requester of total costs, collection of additional funds if the actual costs exceed the estimated amount previously calculated and received, receipt of additional funds if appropriate, and the delivery of the requested documents/records to the requester by the agreed-upon means along with any reimbursement of previously paid fees if and as appropriate where the estimate exceeded actual costs. a. When calculating estimated costs, the Auditor, in consideration of the type and content of the request, may estimate a reasonable sum related to expenses that appear likely to be incurred, or are known to be incurred, for attorneys' fees, IT costs, or other outside services if and when deemed appropriate. C) The fee to be charged for providing records in response to a public records request will be in accordance with the most current fee schedule adopted by Resolution of the Board of Supervisors. The County reserves the right to adjust the fee structure for extraordinary requests and will always provide a cost estimate to the requester prior to request completion. D) If the actual costs incurred by the County to respond to a records request are less than the amount of any required prepayment, the overpayment will be refunded promptly to the ===== PAGE 3 ===== person or entity making the prepayment. If the actual costs incurred by the County to respond to the request are more than the amount of the prepayment, the County shall charge the requester for all additional costs before providing responsive documents/records. E) The lawful custodian may consult with other County staff, including Human Resources, Information Technology, department leadership, and the County Attorney, as appropriate concerning requests for records that may include confidential, privileged, protected, or otherwise restricted information under Iowa Code section 22.7 or other applicable law. County Attorney review shall be utilized as necessary for legal analysis, redaction, and review of legally protected confidential information. Any costs for legal services charged in connection with a public records request shall be limited to legal services utilized for the redaction or review of legally protected confidential information, consistent with Iowa Code section 22.3. F) The County shall provide a reasonable opportunity for the inspection, examination or copying of requested public records which are not exempt from disclosure. No original public records or documents can be removed from the premises at which they are stored. Parties requesting the inspection of public records may do so at a date and time during regular County business hours that is established by the custodian and in an on-premises room as arranged by the custodian. G) All reasonable expenses of responding to a public records request, permitted by law, shall be paid by the requester to the County in advance of the County providing the requested documents. ### 6. Security-Related Records Records concerning security procedures, security system design, building or infrastructure security, camera systems, surveillance footage, access logs, and other information protected under Iowa Code §22.7(50) shall not be processed by County departments. All such requests shall be immediately forwarded to: ## The Sheriff or the Sheriff's Designee County departments, Human Resources, Information Technology, and elected offices shall not independently retrieve or release security-related records except through coordination with the lawful custodian and the Sheriff or the Sheriff's designee. ### 7. Fee Schedule The following fees and costs may be charged pursuant to Iowa Code Chapter 22 for access and/or copies of public records maintained by the County. Format of Record –
Photocopies0.25 per page (black and white)n0.30 per page (color)
===== PAGE 4 =====
Electronic MediaActual Cost to be passed on if USB or other electronic media is purchased by the County.1
Electronic Transmission, via email2If feasible, the County will respond to a request for a public record by transmitting an electronic version to the Requestor in lieu of requiring in-person examination and copying of a public record. Iowa Code S 22.2(3).
## Postage Charges If the requestor chooses to have records mailed to them, postage will be charged at actual cost. Labor Charges –
Hourly rate for non-exempt staff time needed for the reproduction of photocopies3Actual cost(s) of employee time if time involved exceeds 30 minutes in most circumstance.4
Hourly rate for exempt staff time needed to produce or review the documents5Actual cost(s) of employee time.
Hourly rate for outside contractors, including but not limited to IT6, County Attorney7, County Engineer, and othersActual cost(s) of time
### 8. Questions Any questions concerning the County's Public Records Policy or related procedures or fees should be directed to the Auditor. ===== PAGE 5 ===== # PUBLIC RECORDS REQUEST FORM
REQUESTOR'S NAME
MAILING ADDRESS
PHONE NUMBER
EMAIL ADDRESS
### 1. REQUEST INFORMATION Please be as detailed as possible; include names, dates, subjects, meeting dates, resolution/ordinance numbers, project names, etc. 2. IS THIS REQUEST FOR: COPYING OF RECORDS _____ INSPECTION OF RECORDS 3. HOW WOULD YOU LIKE TO RECEIVE THE RECORDS? _____ IN PERSON _____ EMAIL _____ MAIL _____ FAX 4. IF YOU ARE REQUESTING COPIES OF PUBLIC RECORDS, PLEASE FILL OUT THE FOLLOWING: How many copies of the requested documents do you need? #_____ COLOR COPIES #_____ BLACK & WHITE COPIES ===== PAGE 6 ===== # FOR OFFICE USE ONLY ## DETAILS OF REQUEST 1. Date and Time Request Received: ___ 2. Request Received by: _____ (Name, Title) 3. Estimated costs of response, calculated as set forth in Exhibit A, attached hereto. Determined by: ___(Name, Title) 4. Estimated costs received: _____ (date) in the amount of ____by _____ (Name, Title) 5. Date and Time Request Processed: __6. Other relevant information: _____. ## NOTIFICATION OF RECORDS BEING AVAILABLE / FINAL COSTS Requestor notified on ___(date) by: ___(Name, Title) __Phone __Email __In Person __Records ready for collection on ___ __Examination of original records scheduled for ___ __Records mailed/faxed/emailed to requestor on ___ ## FEE WORKSHEET < table border = 1 style = 'margin: auto; word-wrap: break-word;' > < tr > < td colspan = "2" > Description < /td > < td style = 'text-align: center; word-wrap: break-word;' > Quantity < /td > < td style = 'text-align: center; word-wrap: break-word;' > Amount < /td > < td style = 'text-align: center; word-wrap: break-word;' > Total < /td > < /tr > < tr > < td colspan = "2" > Format of Record(s) < /td > < td style = 'text-align: center; word-wrap: break-word;' > < /td > < td style = 'text-align: center; word-wrap: break-word;' > < /td > < td style = 'text-align: center; word-wrap: break-word;' > < /td > < /tr > < tr > < td style = 'text-align: center; word-wrap: break-word;' > < /td > < td style = 'text-align: center; word-wrap: break-word;' > Photocopies (black amp; white) < /td > < td style = 'text-align: center; word-wrap: break-word;' > < /td > < td style = 'text-align: center; word-wrap: break-word;' >0.25/page$Photocopies (color)$0.50/page$USB Drive$10.00 each$Postage ChargesPostageActual Cost$ ===== PAGE 7 =====
Labor Charges
Clerical time$
Professional time$
Outside contractors$
Total$
===== PAGE 8 ===== ## Exhibit A Estimated Costs of Response/Production
DescriptionQuantityAmountTotal
Format of Record(s)
Photocopies (black & white)____/page < /td > < td style = 'text-align: center; word-wrap: break-word;' >
Photocopies (color)____/page < /td > < td style = 'text-align: center; word-wrap: break-word;' >
USB DriveActual Cost$
Postage Charges
PostageActual Cost$
Labor Charges
Clerical time$
Professional time$
Outside contractors$
Total$
Explanation on fee estimate, where appropriate: 。 Estimate given by (Name, Title) on .(Date) Estimate received by _____(Name) on _____.(Date)