Open Records Policy

As of 10/03/2022, Resolution #2022-398

It is the policy of the City of Waukee to meet all requests for information and documents within the constraints of Iowa Code Chapter 22. The purpose of this policy is to fix fees for public examination and photocopying. The City of Waukee recognizes the right of the public to access public records maintained by the City in accordance with state law.  The City also recognizes that certain records maintained by the city are not public records or may be exempt from public disclosure and that a request to access public records may require a balance of the right of the public to access the records, individual privacy rights, governmental interests, confidentiality issues, and privilege issues.  Additionally, when the City responds to requests to inspect or copy records, costs are incurred by the City.  This policy is adopted to balance these competing interests, to establish an orderly and consistent procedure for responding to public records requests and to support the adoption of a fee schedule designed to reimburse the City for the actual costs incurred in responding to public records requests.

Provisions

• This policy and fee schedule apply to all City departments and are not intended to preclude verbal responses to routine requests for information.
• The Police Chief is the lawful custodian of police records, the Fire Chief is the lawful custodian of fire records, and the City Clerk is the lawful custodian of all other city records.
• Requests for records should be made to the lawful custodian of said records. Any request for access to public records maintained by the City of Waukee, with the exception of police and fire records, must be referred to the City Clerk for review of the request.
• The following fee schedule shall apply:

Additional Cost Factors

• All parties are asked to complete a Request for Examination and Copying of Public Records form to allow the City to promptly respond to requests. The purpose of the form is to allow the City to seek clarification of public records requests as the City is unable to provide a response if a request is vague or if the City cannot reasonably determine what records have been requested.
• 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 City business hours that is established by the custodian and in an on-premise room as arranged by the custodian.
• The requesting party shall receive the desired photocopies after all costs are paid.  No copies shall be released until full payment is received by the custodian. All custodians shall collect the fee, provide a receipt to the requesting party, and remit the money and copy of the receipt to the Finance Department.
• The custodian will make every attempt to fill all open record requests in a timely manner in compliance with applicable law.
• The custodian may consult with other City staff concerning requests for records that may include privileged or confidential records, such as medical records, personnel files, documents concerning litigation, documents related to library patrons, etc. Any request for these types of records shall be referred to the City Attorney for review and response.
• The City reserves the right to adjust the above fee schedule in the event of unanticipated costs.