Open Records Request Policy & Procedure

1. Purpose

The Public Records Policy defines the procedures and fees associated with the receipt of and response to public record requests made to Wapello County Recorder’s Office (WCRO). It is the policy of the WCRO to respond to requests to inspect or receive copies of public records maintained by the WCRO in an orderly and expeditious manner in accordance with Iowa Code Chapter 22. 

2. Applicability

This policy applies to the Wapello County Recorder’s Office. 

County and Government departments maintain statutory independence. If the requester is requesting information which this office is not the records custodian thereof the WCRO will inform the requester who the custodian is to the best of its ability. 

Iowa’s Open Records Law is expressed through Iowa Code Chapter 22. Though every person shall have the right to examine and copy a public record and publish or otherwise disseminate a public record, the law does not require absolute and total access to any and all records the public wishes to obtain. There are exceptions. Iowa law imposes numerous exceptions to public records rules, such as seventy-two separate exceptions in Iowa Code § 22.7.

Most commonly requested exclusions being: 

• Military discharge records are confidential per Iowa Code Chapter 331.608.  
• Iowa Code 22.2 in part, “searches of all indexes, general and specific, of public records relating to documents, instruments, and muniments of title, for the purpose of performing title searches, real property searches, or creating real property abstracts.” 

If the requester is seeking an extensive search beyond the scope of the duties of the Wapello County Recorder’s Office, they will be redirected to the public terminal to search the publicly maintained records. Searchable indexes for certain years are available on our website which can be viewed at no fee. Land record documents are also available for searching on our land records website. The requester will need to create a user account to use the website, but copies are free to print from there. You may also view our indexes and records in person by visiting the office during normal business hours.  

This policy balances public access with confidentiality obligations, protects the integrity of County records, and establishes uniform procedures for responding to public records requests, including coordination with appropriate County departments when records may contain confidential, privileged, protected, personnel, medical, investigation-related, security-related, or technology-related information, and a fee structure reflecting actual costs incurred. 

3. Designated Custodian 

The Wapello County Recorder shall be responsible for implementing the requirements of Iowa Code Chapter 22 and providing that information to the public. The contact information is: 

Email: Recorder@wapellocounty.org
Phone: (641) 683-0045
Address: 101 W. 4th St. Ottumwa, IA 52501
Hours: M-F, 8:00 a.m. to 4:30 p.m.

If the County Recorder is unavailable, they shall designate an employee to respond to said request and inform the requester of this assignment.

The examination and copy of records in the Recorder’s office shall be done under the supervision of office staff. Copies may be requested either in person, in writing, by telephone or by electronic means.  Fulfillment of the request shall be contingent upon payment of reasonable expenses. A fee shall not be charged for any public records necessary to complete and file claims for benefits with the Iowa Department of Veterans Affairs or the United States Department of Veterans affairs. Such expenses will be communicated at the time of the request.  Requests may be sent via email to recorder@wapellocounty.org.

Records may be examined in person during normal working hours Monday through Friday, 8 a.m. to 4:30 p.m. Requests are processed within 48 hours excluding weekends and holidays. More time may be needed for requests of multiple records and any variance of the 48 hours will be communicated to the requestor.

4. Public Records Requests

The following procedures shall be followed by the departments subject to this policy when receiving and responding to requests to inspect or receive copies, whether paper or electronic, of public records maintained by the County. 

1. Requests for access to public records may be made in person, over telephone, in writing, or by electronic means. If the request is extensive, individuals may be asked to make requests in writing to ensure a clear understanding of the request by the County, which will in turn avoid potential wasted time, avoid an inaccurate or incomplete response, and avoid the transmission of documents not requested. Should the requester be unable to write the request due to issues with reading and writing the English language, WCRO staff may assist in transcribing the request. WCRO is not responsible for providing translators if required. 
2. If necessary preparation of a cost estimate will be completed in accordance with this Policy if appropriate, collection of estimated costs, followed by the compilation of responsive documents/records, calculation of a final invoice related to the expense of responding to the request, communication to the requester of total costs, collection of additional funds if the actual costs exceed the estimated amount previously calculated and received, receipt of additional funds if appropriate, and the delivery of the requested documents/records to the requester by the agreed-upon means along with any reimbursement of previously paid fees if and as appropriate where the estimate exceeded actual costs. 
3. When calculating estimated costs, the WCRO, in consideration of the type and content of the request, may estimate a reasonable sum related to expenses that appear likely to be incurred, or are known to be incurred, for attorneys’ fees, IT costs, or other outside services if and when deemed appropriate. 
4. The fee to be charged for providing records in response to a public records request will be in accordance with the most current fee schedule. The County reserves the right to adjust the fee structure for extraordinary requests and will always provide a cost estimate to the requester prior to request completion. 
5. If the actual costs incurred by the County to respond to a records request are less than the amount of any required prepayment, the overpayment will be refunded promptly to the person or entity making the prepayment. If the actual costs incurred by the County to respond to the request are more than the amount of the prepayment, the County shall charge the requester for all additional costs before providing responsive documents/records. 
6. The WCRO shall provide a reasonable opportunity for the inspection, examination or copying of requested public records which are not exempt from disclosure. No original public records or documents can be removed from the premises at which they are stored. Parties requesting the inspection of public records may do so at a date and time during regular WCRO business hours that is established by the custodian and in an on-premises room as arranged by the custodian. 

5. Fee Schedule

Fees and costs may be charged pursuant to Iowa Code Chapter 22 for access and/or copies of public records maintained by the County.  All reasonable expenses of responding to a public records request, permitted by law, shall be paid by the requester to the WCRO in advance of the WCRO providing the requested documents.

The following fees and costs may be charged pursuant to Iowa Code Chapter 22 for access and/or copies of public records maintained by the County.  

Format of Record

Photocopies

$1.00 per document (black and white) 

Electronic Media

Actual Cost to be passed on if USB or other electronic media is purchased by the County if not supplied by requester.¹ 

Electronic Transmission, via Email

If feasible, the County will respond to a request for a public record by transmitting an electronic version to the Requestor in lieu of requiring in-person examination and copying of a public record. Iowa Code § 22.2(3). 

Postage Charges

If the requestor chooses to have records mailed to them, postage will be charged at actual cost. 

Labor Charges

Hourly Rate for Non-Exempt Staff Time Needed for the Reproduction of Photocopies

Actual cost(s) of employee time if time involved exceeds 30 minutes in most circumstances.¹

Hourly Rate for Exempt Staff Time Needed to Produce or Review the Documents²

Actual cost(s) of employee time

Hourly Rate for Outside Contractors, Including but Not Limited to IT, County Attorney, County Engineer, and Others

Actual cost(s) of time 

Questions 

Any questions concerning the County’s Public Records Policy or related procedures or fees should be directed to the Wapello County Recorder. A response may take up to 72 hours if outside sources need to be consulted.

¹The County will consider the regularity of requests made by a person or entity when deciding whether the cost of staff time should be passed on to the requestor. If, for example, the requestor is regularly requesting documents where the response time is less than 30 minutes per response, say 25 minutes per response, but when added together with time responding to other requests, per week or month, for example, the total time regularly exceeds thirty minutes, the County may charge for all time spent in preparation of the response.

²Employee time begins when staff begins work on the request and is calculated based upon staff hourly rate of pay, not including benefits or other costs of employment.