1. Except as provided by subsection 5, no earlier than ninety days after the date of a final judicial determination that a local entity has intentionally violated the provisions of this chapter, the local entity may petition the district court that heard the civil action brought pursuant to section 27B.4, subsection 6, to seek a declaratory judgment that the local entity is in full compliance with this chapter.

Terms Used In Iowa Code 27B.6

  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Local entity: includes an officer or employee of a local entity or a division, department, or other body that is part of a local entity, including but not limited to a sheriff, police department, city attorney, or county attorney. See Iowa Code 27B.1
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
 2. A local entity that petitions the court as described by subsection 1 shall comply with any document requests, including a request for supporting documents, from the attorney general relating to the action.
 3. If the court issues a declaratory judgment declaring that the local entity is in full compliance with this chapter, the local entity’s eligibility to receive state funds is reinstated beginning on the first day of the month following the date on which the declaratory judgment is issued.
 4. A local entity shall not petition the court as described in subsection 1 more than twice in one twelve-month period.
 5. A local entity may petition the court as described in subsection 1 before the date provided in subsection 1 if the person who was the director or other chief officer of the local entity at the time of the violation of this chapter is subsequently removed from or otherwise leaves office.
 6. A party shall not be entitled to recover any attorney fees in a civil action described by subsection 1.
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