Public notices are used to inform the public of city government matters and when certain actions will occur. Cities are required to publish or post public notices for a variety of items and must follow the provisions of the Code of Iowa that detail how such notices should be given.
When Notices Are Required
Public notices are required on a large number of matters and one basic rule that city officials can use is that any public hearing must be preceded by a public notice announcing the date, time and place of the hearing. Visit the Public Hearings page to see a list of when public hearings are required by state law.
Some of the more common actions that necessitate a public notice include adopting a city budget or budget amendment (Sections 24.2A, 384.16 and 384.18 of the Code of Iowa), approving plans for public improvement projects (Section 26.12) and approving zoning ordinances (Section 414.4). Cities are also free to publish “any matter of public importance” as described in Section 618.14.
Publishing Timeframes
The majority of public notices must follow the requirements set in Section 362.3 of the Code, which states that notices must be published not less than four days and not more than 20 days before a public hearing or other action is taken. Some public notices are subject to different timeframes, including those used for adopting the Proposed Property Tax Rate, the annual budget or budget amendment as they must be published not less than 10 days and not more than 20 days before the public hearing. Zoning ordinances also have a different schedule as related notices must be published not less than seven days and not more than 20 days.
When counting days on the calendar to determine when a notice must be published, Code Section 4.1(34) provides guidance. The first day of the timeframe is excluded and the last day is included, unless the last day falls on Sunday, in which case the timeframe is extended to the following Monday. If the last day falls on a legal holiday, the timeframe is extended to the next day.
Where Notices Must be Published or Posted
The Iowa Legislature approved a series of changes in 2024 that modernized the public notice requirements and what newspapers (and newspaper websites) can be utilized. Chapter 618 of the Code provides more specifics on the newspaper used to publish notices. Historically, Section 618.3 has required a newspaper to be generally circulated in the city, published at least once a week for at least 50 weeks of the year and regularly mailed through the post office of entry for at least one year. A newspaper must also devote at least 25 percent of its total column space in more than half its issues to public information. Finally, the newspaper must have a list of subscribers who have paid or promised to pay more than a nominal rate for copies and is paid by at least 50 percent of the persons it is distributed to.
The 2024 changes include a provision that says if a qualified newspaper operates a website, it must do one of the following:
1. Provide free access on the homepage for all public notices to be posted.
2. Display a link to the statewide website where public notices are posted. (As of June 2024, the statewide website is not yet available).
Keep in mind, Section 362.3 says cities that are 200 or fewer in population are not required to publish/post notices with a newspaper or newspaper website and notice shall be made by posting in three public places which have been permanently designated by ordinance.
Another significant change from the 2024 legislation removes fees for proofs of publication and stipulates that if a newspaper refuses to publish a public notice, the city may post the notice to its own website and on the statewide public notice website. Lastly, newspapers are now limited in the amount of time to publish a submitted public notice; daily newspapers must publish a notice within 72 hours while less-than-daily newspapers must publish within 48 hours of the next scheduled publication.
Newspaper Rates
Code Section 618.11 calls for the Iowa Department of Administrative Services to set the publication rate each fiscal year. This rate is calculated by applying the consumer price index for all urban consumers as determined by the Department of Labor to the previous rate. The prescribed rate is for each line of eight point type two inches in length, or its equivalent, for the publication in a newspaper of any notice, order or other required publication. The rates for FY 2024 are as follows:
- One insertion = 59.5 cents
- Each subsequent insertion = 40.1 cents
While the standard rate is provided for eight point type, Section 618.17 allows the minimum type to be six point. Cities are encouraged to work with their newspaper to determine what type of print should be used for public notices and to ensure all charges are accurate.
Errors
If an error is made on the public notice, such as listing an incorrect public hearing date or including incorrect budget data, the city must republish the notice with corrected information. Even minor errors in a notice can result in the invalidation of the matter for which publication was required, so in almost all instances the notice should be corrected and republished. This will likely force the city to delay a required public hearing until the next regular city council meeting. If so, the public notice must reflect the new time and date of the hearing.
Also note one of the changes from the 2024 legislation permits a city to post a notice to its website and the statewide public notice website if a newspaper refuses to publish a notice.
Elected Official Contact Information
Code Section 70A.40 requires cities to post contact information for elected officials on the city’s website, if the entity has one. A city that does not already have a website does not need to create one to post the contact information. Contact information may be either a phone number or email address.
