Iowa Freedom of Information Council Executive Director Randy Evans says an Iowa Supreme Court ruling against Scott County is a big win for the state’s open records law.
He says the problem happened when a seat became vacant on the board of supervisors. “County officials who decided to fill the vacancy by appointment, rather than by a special election, decided that they would keep confidential the names of most of the applicants for the position,” Evans says. The name of the person selected to fill the position was not revealed until after she was appointed and there was a lawsuit filed, and the Supreme Court ruled the names should have been released.
“We believe that this was a much needed affirmation by the Supreme Court of the importance of transparency, and in these kinds of matters,” he says. Evans says the Supreme Court has previously ruled applicants for vacant jobs, as opposed to vacant offices. “Job applicants can be kept confidential, but there’s a difference between somebody who is applying to become a teacher and somebody who’s applying to hold an elective office,” Evans says.
He says appointing someone to an elected office gives them an advantage of being the incumbent if they want to run for another term. And he says it prevents the vetting of the candidates by voters. “Given the authority that is vested in this case, the county supervisors given that authority that the public ought to know before a selection is made, who the candidates are, what experience or expertise they bring to the role, or what baggage they might be carrying with them,” Evans says.
The two people who brought the lawsuit over the issue were awarded all costs and reasonable attorney fees by the Supreme Court. The ruling also requires the county to disclose the names of all applicants.