State Historical Society-UI deal can be terminated if lawmakers change Iowa Code

IOWA CITY — A deal the State of Iowa reached with the University of Iowa last month to maintain public access to historical society documents in Iowa City — as required by Iowa Code — is only in place for six months, if not fewer, helping the state to comply with Iowa law just long enough to change it.

“The space made available by the university shall be considered the state’s historical research center in Iowa City,” according to a memorandum of understanding that acknowledges Iowa Code 8A.707 mandates the Iowa Department of Administrative Services maintain historical society research centers in both Des Moines and Iowa City.

“Pursuant to this agreement, the university agrees to fulfill this requirement by making available space within the university library system where patrons who seek to conduct research using the state’s historical archives may access such materials through an interlibrary loan program.”

But the agreement obtained by The Gazette only requires the university to maintain that access through June 30, 2026 — giving the state the six-month window it needs to remove the Iowa City-specific mandate from Iowa Code during the new Legislative session that started Monday.

And the deal includes a clause allowing it to be terminated “due to statutory changes” — in the event “of changes to the legislative requirements.”

The Department of Administrative Services aired plans to change the law in a proposed bill it prefiled Dec. 9 — one week after its Director Mark Campbell signed the memorandum of understanding for maintained public access with UI Executive Vice President and Provost Kevin Kregel on Dec. 3.

The agreement also explicitly states that it does not create any sort of lasting “partnership, joint venture or other legal entity” between UI and the state, which bears all the risk in handling the delicate documents.

“The parties agree that the university’s role is limited and logistical,” according to the MOU. “The university does not assume duties of an insurer or common carrier … The university does not accept liability for loss or damage to the loaned materials from any cause, including handling by researchers, storage conditions within normal library parameters, or third-party acts.”

‘Broad legal authority’

The deal comes six months after the State Historical Society of Iowa on June 17, without warning or notice, announced plans to permanently close its Iowa City research facility and archives at the end of the year — compelling a group of 17 donors, archivists, professors, and community members to sue in pursuit of a court order to keep it open.

Based on the lawsuit’s likelihood of success, a Johnson County judge in October granted a temporary injunction to stop the state from removing any more materials from the Iowa City facility — while also finding the petitioners were too quick with their lawsuit and needed first to seek a declaratory order from the Department of Administrative Services, which they did Dec. 17.

Two days later, the department issued a press release announcing its new agreement with the University of Iowa to “maintain public access to the state’s historical collections” in Iowa City in a UI Special Collections and Archives reading room.

The department — even though it had prefiled a bill aiming to change state law — on Dec. 30 issued a declaratory order exonerating itself of violating Iowa Code because, for starters, the code doesn’t define “research center.”

“DAS has broad legal authority to effectuate its current obligation to maintain a research center in Iowa City so long as it meets its legal obligation in a reasonable manner that is not inconsistent with the legislative mandate,” according to the department order, which the petitioners have said they plan to appeal to the Johnson County District Court.

‘Three bankers-size boxes’

Shortly after the MOU was announced, community activists urging the state to reverse its closure of the Iowa City facility said on their saveiowahistory.org website that, “The recent agreement with the University of Iowa is not the solution we are seeking.”

“Besides hampering research and limiting access, this agreement between SHSI and the University of Iowa jeopardizes the physical care of SHSI collections in Iowa City AND Des Moines and violates all previous SHSI protocols for protecting irreplaceable items,” according to the website, pointing to limitations on interlibrary loans allowed only for “microfilm reels with master negatives, or often duplicate or reprint publications.”

Per the agreement, the university has agreed to receive on its campus “no more than three bankers-size boxes of loaned materials per calendar month” in response to requests — and the materials can be available to a researcher for up to two weeks.

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“The university will store the loaned materials in a secure location,” according to the MOU. “Upon request, the university will retrieve the boxes and place them in a supervised reading room, that meets standard environmental conditions, for review by the designated researcher.”

Access will occur by appointment during university hours. The state — not the university — will manage all requests, prepare loan paperwork, and manage transportation and logistics.

“SHSI will pack loaned materials and arrange transport to and from the university,” according to the MOU. “The state bears all risk of loss, theft, or damage during packing, transit, storage, and reading room use.”

The agreement can be terminated before June 30 for “just cause based on financial, safety, security, legal, or policy reasons” or “due to statutory changes.”

Vanessa Miller covers higher education for The Gazette.

Comments: (319) 339-3158; vanessa.miller@thegazette.com