Gov. Kim Reynolds’ administration has denied some requests for information about Iowa’s preparedness and response to the novel coronavirus by citing a broad exemption in the state’s public records law.

Two Iowa agencies have denied Des Moines Register requests this month seeking documentation of the state's pandemic response plan and daily reports regarding the state's response to the virus and COVID-19, the respiratory disease caused by the virus.

In their denials, the agencies, which are leading Iowa's response to COVID-19, cited a broad confidentiality exemption in Iowa’s public records law that says information and records about “physical infrastructure, cyber security, critical infrastructure, security procedures or emergency preparedness” can be denied if “disclosure could reasonably be expected to jeopardize such life or property.”

Experts on public records criticized the lack of transparency.

"When you lose transparency, you lose trust," said Daniel Bevarly, executive director of the National Freedom of Information Coalition. "... then you start to grow seeds of suspicion. 'Why not? You know, what are they not telling us?'"

► More:The latest on the coronavirus outbreak in Iowa

The Register sought a copy of a pandemic emergency response plan the Iowa Department of Public Health first created more than 10 years ago. It also sought reports from the Iowa Department of Homeland Security and Management regarding day-to-day actions from the state on the virus.

One of the agencies also denied the release of information about businesses that have sought COVID-19 testing from the state. Several meatpacking plants in Iowa have suspected outbreaks of the disease, and Reynolds has said the state has sent testing materials to the plants, but the information she has released has been limited.

Pat Garrett, a spokesman for Reynolds, said the governor's office agrees with the agencies' interpretation of the public records exemptions.

Agency deems pandemic plan off-limits

The Iowa Department of Public Health has kept a pandemic emergency response plan since at least 2005, according to agency spokeswoman Amy McCoy.

McCoy released general bullet points about the plan that she said encapsulated the information, which she said is based on a phased-in model from the World Health Organization.

But McCoy cited the confidentiality exemption in Iowa’s public records law in not releasing the plan in its entirety.

In states like Oregon, home to one of the country's first COVID-19 outbreaks, public health officials have made their pandemic influenza plan available on a state website. In Kentucky, a school district representing more than 100,000 students shared its pandemic response plan. The Iowa Department of Corrections has also posted an 11-page "Epidemic and Pandemic Action Plan," which was last updated in March, to its website.

Under Iowa's public records law, the custodian of such state records can choose to release the information.

Randy Evans, executive director of the Iowa Freedom of Information Council, said the department should release the plan.

"I think it's legitimate for people to wonder whether the state is following that plan the way it was envisioned," he said.

McCoy said in an email that the state is being as transparent as possible.

"Every day public health is looking at new ways to share information with a goal of protecting the public. To say we are doing anything short of being transparent and trying to conduct as much outreach as possible to protect Iowans is inaccurate and unfair to the hard-working civil servants who are fulfilling an incredible amount of requests for information from the public and press at this challenging time for all Iowans," she said.

Agency denies COVID-19 reports

Another agency, the Iowa Department of Homeland Security and Management, denied the Register’s request for “situation reports” about COVID-19 it was producing and sending to entities like state lawmakers, their legislative staff and members of Iowa’s congressional delegation.

The agency produced at least 10 of these reports in March. The documents detailed how state agencies have coordinated with one another and provided services to Iowans. The reports also highlighted general local requests for resources.

Evans with the Iowa Freedom of Information Council reviewed one of the reports at the Register's request.

"I don’t see anything in this document that raises any confidentiality or privacy concerns," he said via email. "This easily could have been a press release that state government would have issued."

On April 1, Director of Homeland Security Joyce Flinn decided to stop producing the situation reports, according to John Benson, chief of staff at the department. Flinn's decision came one day after the Register published an article based on one of the reports. The Register, which had obtained the reports from sources, had also previously cited information in the report and sought comment on that information from state officials.

Benson said lawmakers and others who were previously receiving those reports can watch the governor’s news conferences to learn more about the state’s response or contact his office.

“A mistake we made was not properly communicating that those reports are considered confidential under Code of Iowa section 22.7(50). Thus, some of the reports were provided to unintended audiences," said Benson in an email to the Register.

Iowa among other states limiting COVID-19 information

Bevarly with the National Freedom of Information Coalition said his organization is tracking instances around the country where officials are not releasing information about the pandemic. Dozens of public records groups have called for more transparency from state governments during the outbreak.

In Pennsylvania, the governor recently delayed the release of information about how his administration decided which businesses would close in the state because of the virus. In Florida, the Miami Herald wrote, "the administration of Florida Gov. Ron DeSantis often has been unwilling or unable to provide crucial information about its coronavirus response."

"It sets a precedent," Bevarly warned, "where anything that you could say is related to COVID is exempt from the public."

Reynolds, during her weekday news conferences, typically updates the public on the latest number of COVID-19 cases and provides general information about issues like personal protective equipment for health care workers and some information about outbreaks. Her office is also releasing county-level data on an IDPH website and started releasing race and ethnicity data in mid-April.

But the Iowa Department of Public Health has authority under state law to limit the scope of the information it shares during an infectious disease investigation. After Reynolds announced Monday that the state was sending more COVID-19 testing to Iowa businesses, the department cited the law in denying the release of more information about the businesses.

McCoy, with the public health department, said in an email that while the state is releasing the name of long-term care facilities with COVID-19 outbreaks, "the name of a business or entity involved in an outbreak can be released to the public only if the IDPH director or state medical director determines such a disclosure is necessary to protect the public."

Sen. Joe Bolkcom, D-Iowa City, said Reynolds' staff stopped communicating with Democratic lawmakers at the start of the month, after the Register obtained audio of a phone call among them.

Bolkcom said some members of the Democratic caucus were not happy that the audio was shared with the media, but he doesn't think it should stop Reynolds from communicating with a large swath of lawmakers.

"It is not reason to quit giving a regular briefing to 70-plus legislators who represent Iowans across the state," Bolkcom said.

Garrett, the governor spokesman, said Bolkcom's critique does not acknowledge the work Reynolds does to keep lawmakers informed. "The governor’s office, her legislative liaison, and her administration regularly update Iowa lawmakers. The governor also holds a daily press conference to update the entire state."

Barbara Rodriguez covers health care and politics for the Register. She can be reached by email at bcrodriguez@registermedia.com or by phone at 515-284-8011. Follow her on Twitter @bcrodriguez.

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