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 itsprincipal place of business. 2. Once a party seeking judicial enforcement of this chapter demonstrates to the court that the defendant issubject 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 afinding 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 itand, 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 inits violation damages in the amount of not more than five hundred dollars and not less than one hundred dollars. However, ifa person knowingly participated in such a violation, damages shall be in the amount of not more than two thousand five hundred dollars and not less than one thousand dollars. These damages shall be paid by the court imposing them to the state of Iowa ifthe body in question is a state government body, or to the local government involved ifthe body in question is a local government body. A person found to have violated this chapter shall not be assessed such damages ifthat person proves that the person did any of the following: (1) 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. (2) Had good reason to believe and in good faith believed facts which, if true, would have indicated compliance with the requirements of this chapter. It shall constitute such good reason and goodfaith belief and a court shall not assess any damages, costs, or fees under this subsection ifthe person incorrectly balanced the right of the public toreceive public records against the rights and obligations of the government body to maintain confidential records as provided in section 22.7 under any judicially created balancing test, unless the person is unable to articulate any reasonable basis for such balancing. (3) Reasonably relied upon a decision of a court, a formal opinion of the Iowa public information board, the attorney general, or the attorney for the government body, given in writing, or as memorialized in the minutes ofthe meeting at which aformal oral opinion was given, or an advisory opinion of the Iowa public information board, the attorney general, or the attorney for the government body, given in writing. c. Shall order the payment of all costs and reasonable attorney fees, including appellate attorney fees, to any plaintiffsuccessfully establishing a violation of thischapter in the action §22.10, EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 16 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. Ifno 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 ifthat 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 ofthe county of the lawful custodian’s principal place of business, or toseek an opinion of the attorney general or the attorney forthe lawful custodian, to ascertain the legality of any such action. §3, 17; 2021 Acts, ch 183, §6
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