It is surprising how often a government agency in Iowa seems unaware of the state laws on open meetings and access to public records, Chapters 21 and 22 of the Code of Iowa. This suggests that private companies doing business with public schools, city councils and other public bodies also may be not be up to speed on those laws.

If that’s so, here are a few hints that might be helpful in avoiding problems.

As is the case when dealing with legal issues, you can tie yourself in knots by fearing any possible problem. So, let’s limit this list to a conventional 10 hints that should be most useful to a company doing business with government.

1. To begin, recognize that – at least in theory – Iowa laws mandate openness and access. The laws say people should have access to public records even if such access “may cause inconvenience or embarrassment” to others, and that any ambiguity in the open meetings law “should be resolved in favor of openness.” What this means to a private business is that information in records related to a government contract should be narrowly drawn, limited to the purposes of the contract. Don’t collect and store in such records information that “would be nice to have” – say, data on the clients served — or that might be useful in other business endeavors. And don’t toss into those records other information you already have in your office that may be related to, but not essential to, fulfilling the contract. You’ll avoid headaches.

2. Compliance with Chapter 22, the records law, is of more consequence to those doing business with government than is the open meetings law. Reasons for that include Iowa’s broad definition of what constitutes a public record – essentially, any information in the hands of a government agency — and that mere receipt of public funds does not bring the open meetings law into play. So if you have a contract with a public agency for delivery of some services or goods, the public records law is in play; the open meetings law may not be, at least not directly.

3. Having a contract with a public agency typically limits public access to information specifically related to that contract and would not allow public inspection of other business records you possess. Remember point 2, however; if your documents are in the possession of government, they well may be subject to public access.

4. Section 22.2(2) of the Iowa Code says: “A government body shall not prevent the examination or copying of a public record by contracting with a nongovernment body to perform any of its duties or functions.” So if someone asks the school board for information about services you’re providing, the school board cannot respond by saying, “We’re sorry, that information is not in our hands; the private contractor has it.” The burden generally is on government to provide the information, either by keeping a copy of it or by retrieving it from you. In most cases, it would be easier for you to have the government agency provide access — one way or another — than to satisfy the request on you own. That would be particularly advisable when the information identifies specific people who are involved with the services/products you’re providing. There may be some confidentiality conditions that you are not aware of.

5. How long should you keep records and information about your contract with a government agency? Nothing in the public records act compels you to keep documents longer than required by your own interests. Other state or federal laws may require the governmental agency or your company to keep records for specified periods of time, as might be the case with deadlines on when lawsuits have to be filed. Fortunately, given the ease with which records can be stored electronically, record keeping is not the hassle or as costly as it was when everything was on paper. So your guidelines on how long you keep business records in general should apply to what you do with records about business with government.

6. Your correspondence with government agencies — including e-mails — is a public record in Iowa because, after all, it is in government hands. A person generally should get access to such information by asking the government agency for it rather than asking you. However, the law does not prohibit you from making the correspondence available should you wish to do so. In some cases, exemptions in the records law might apply to your correspondence — for example, if the correspondence deals with personally identifiable medical information. But even if a paragraph or two in correspondence might warrant confidentiality, the public can have access to other information in that record. You do need to make sure you protect some personally identifiable information from disclosure, Social Security numbers being an obvious example.

7.Though the open meetings law is of less consequence than the public records law, in terms of your governmental dealings, you need a keep a few things in mind. Actions on your contract — no matter how perfunctory or how controversial — need to be taken at a regularly scheduled open meeting of the agency you’re dealing with. Also, though you could meet with staff people at any time to discuss what’s going on, you should not participate in a session with a quorum of the council, school board, etc., that you’re dealing with except at a regularly scheduled meeting.

8. It’s difficult to concoct a scenario in which your company could be penalized directly for a government violation of Chapter 21 or 22. However, a violation of the open meetings law related to your company’s contract could delay or void implementation of the contract. That’s because a court could set aside a government decision made in violation of Chapter 21.

9.Suppose a public employee, by reasons of incompetence or illness, is getting in the way of your fulfilling the terms of your contract, and you want to make sure the government agency understands the problems that employee is causing. One avenue open to you is to discuss your concerns with the agency. Arrangements probably could be made for a closed session under Chapter 21 without identifying either your company or the employee involved.

10. Finally, remember that Chapters 21 and 22 are not the only laws that may affect private companies doing business with government. For example, in the wake of the Central Iowa Employment and Training Consortium scandal, the 2006 Legislature amended Chapter 28E to tighten accountability provisions of those involved in contracts involving multiple governmental agencies under that chapter. You should review Senate File 2410 if you’re providing services for government agencies or others involved in 28E agreements.

Chapters 21 and 22 are not hurdles to government efficiency or obstacles to good business principles. In many ways, they make government more efficient — for example, by requiring an agenda for a meeting. (What a concept!) The laws have some useful hints for private businesses as well. So approach those and other laws from the perspective of how they can help, not how they get in the way of, people doing business with government. But, again, remember that information you share with or provide to a government agency may be subject to public inspection under Chapter 22.

Herb Strentz is a retired Drake University journalism professor.