Don’t restrict public records access in Iowa

Iowa’s Public Information Board is considering legislation that would allow government agencies to reject open records if the person seeking them is “vexatious,” making a series of requests the agencies deem excessive or harassing. Some local governments have reported that individuals are misusing and abusing the open records law to file many requests, tying up staff time.

Those governmental entities could petition the board for relief from “vexatious requesters, allowing them to reject the individual’s records requests.

The Public Information Board may be expanding our vocabulary, but this is a bad idea.

The biggest problem is we don’t know how the board will determine what is vexatious and what is not. How many requests are too many? Will the law be used to stop Iowans doggedly seeking the truth behind government decision-making? Will it be used by government entities who want to stop persistent journalists?

The board insists it’s taking aim at requesters who inundate agencies with open records queries with malicious intent. But a vague proposal such as this could also be misused by government officials seeking to thwart legitimate inquires.

“What a government employee believes is a vexatious person or that the IPIB adjudicates as such may in fact involve someone others see as persistent, especially if they have a common interest in the same records and information,” wrote Randy Evans, executive director of the Iowa Freedom of Information Council. “The Iowa FOI Council is concerned this legislation would empower government to block requests for documents from individual requesters or their organizations based on ‘the nature, content, language or subject matter of the requests.’”

We agree with Evans. Well-meaning legislation could morph into an excuse to deny records requests.

The Iowa Public Information Board should be looking for ways to expand Iowans’ access to public records, not legislation that would place new limits. It’s another instance in the board’s disappointing track record. It was created to give Iowans a way to raise issues with public records and open meetings without having to cover the costs of going to court. But those hopes have faded over time. Neither of the board’s two media slots are filled by working journalists.

The board should scrap this proposal and reconsider its original vision — helping Iowans obtain public information then need to understand government actions that affect them.

(319) 398-8262; editorial@thegazette.com