Put some teeth in openness laws

Legislation increasing penalties for government officials who violate open records and meetings law in Iowa survived a legislative deadline this week. That’s good news, and we urge lawmakers to approve the bill and make it Iowa law.

The bill, House File 2062, is sponsored by Quad Cities area Republican Rep. Gary Mohr. Mohr has watched while Davenport city government has been embroiled in controversies after a deadly building collapse last year Most recently, city reached secret settlements with outgoing employees which officials kept secret from the public.

One undisclosed settlement involved an alderman sexually harassing city employees. A former city administrator was paid $1.6 million in early October, but that settlement was not publicly acknowledged until later November, according to KWQC.

This month, a confidential email showed that $300,000 in secret settlements were made in secret and not at council meetings.

“Obviously, with what’s happened to Davenport City Hall, we need to toughen the penalties,” Mohr told KWQC.

Under the original bill, the penalty assessed against each member of a governmental body would be increased from the current $100 to $500 fine to a $500 to $1,000 fine. Members who knowingly break the law could face a minimum penalty of $10,000 and a maximum fine of $25,000. Local governments would be on the hook to pay those fines.

If a member of a governmental body breaks the law multiple times, an order will be issued removing the officeholder. The bill also requires education courses on open records and meetings law for all members of governmental bodies.

The House State Government Committee amended the bill this week to cut the proposed penalties in half amid concerns how smaller government would afford them. But the panel left in place the provision on removal from office. Elected officials would be required to take a course developed or approved by the Iowa Freedom of Information Council each time they’re elected.

Although we supported the original penalties, putting more teeth in the law is welcome. The prospect of being removed from office should be a strong deterrent.

Of course, secret settlements and other law violations are not just a Davenport problem. Routinely, governments reach settlements with outgoing employees while refusing to disclose any details. Iowa’ law requires government officials to prepare a “brief summary” of the agreement, including the parties’ identities, the nature of the dispute and terms of the settlement. It’s a law broadly ignored.

We hope legislation will prompt officials to follow the law. The education components could help. Settlements involving public employees and public dollars should never be kept secret.

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