Open Meetings Law BasicsOpen Meetings Law Basics New County Officers School New County Officers School

January 19, 2005January 19, 2005

David Vestal David Vestal General CounselGeneral Counsel

ISACISACdvestal@iowacounties.orgdvestal@iowacounties.org

(515) 244-7181(515) 244-7181

Topics:Topics:

Meeting DefinedMeeting Defined

Meeting RequirementsMeeting Requirements

Meeting NoticeMeeting Notice

AgendaAgenda

Closed SessionsClosed Sessions

Public CommentPublic Comment

Robert’s RulesRobert’s Rules

The grass is always greener when you…… The grass is always greener when you……

leave the sprinkler on leave the sprinkler on

A rolling stone…… A rolling stone…… plays the guitar.plays the guitar.

It’s better to light one candle than to…… It’s better to light one candle than to……

waste electricity.waste electricity.

It’s always darkest just before …… It’s always darkest just before ……

I open my eyes. I open my eyes.

If you can’t take the heat…… If you can’t take the heat……

don’t start the fireplace. don’t start the fireplace.

The squeaking wheel gets …… The squeaking wheel gets ……

is first in the bathroom.is first in the bathroom.

Early to bed and early to rise …… Early to bed and early to rise ……

annoying. annoying.

There is nothing new under the …… There is nothing new under the ……

bed.bed.

Don’t count your chickens …… Don’t count your chickens ……

it takes too long. it takes too long.

21.2 Definitions21.2 Definitions

      As used in this chapter: As used in this chapter:

1.  1.  "Governmental body""Governmental body" means: means:

a.a.  A board, council, commission or other   A board, council, commission or other governing body expressly created by the governing body expressly created by the statutes of this state or by executive statutes of this state or by executive order.order.

Iowa Code sectionIowa Code section21.2 Definitions21.2 Definitions

2.2. "Meeting""Meeting" means a gathering in means a gathering in person or by electronic means, person or by electronic means, formal or informal, of a majority of formal or informal, of a majority of the members of a governmental the members of a governmental body where there is deliberation or body where there is deliberation or action upon any matter within the action upon any matter within the scope of the governmental body's scope of the governmental body's policy-making duties. policy-making duties.

Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.

21.2 Cont’d.21.2 Cont’d.

Iowa Code § 21.3 (2002) Iowa Code § 21.3 (2002)

21.321.3  Meetings of governmental bodies.   Meetings of governmental bodies.

Public NoticePublic Notice

Open session unless closure is allowedOpen session unless closure is allowed

All actions and discussions in open All actions and discussions in open session.session.

21.3 cont’d 21.3 cont’d

Minutes requiredMinutes required

Time, date, place, members Time, date, place, members presentpresent

Show vote of each memberShow vote of each member

Iowa Code § 21.4 (2002)Iowa Code § 21.4 (2002) 21.4  Public notice.

1.  A governmental body, except township trustees, shall give notice of the time, date, and place of each meeting, and its tentative agenda, in a manner reasonably calculated to apprise the public of that information.

Advise Media

Post notice on bulletin board

21.4 Cont’d.21.4 Cont’d.

A "tentative" agenda must include A "tentative" agenda must include more information than simply reciting more information than simply reciting such catch-all items as "Approval of such catch-all items as "Approval of minutes; old business; new business," minutes; old business; new business," or by using the same agenda or by using the same agenda contents for meeting after meeting.contents for meeting after meeting.

The sufficiency of the detail on the The sufficiency of the detail on the tentative agenda must be viewed in tentative agenda must be viewed in the context of surrounding events. the context of surrounding events. The test for a tentative agenda is The test for a tentative agenda is whether the information was whether the information was reasonably sufficient to alert reasonably sufficient to alert interested people as to the subject interested people as to the subject matter to be considered.matter to be considered.

The content of a tentative agenda notice can be subject to change. Section 21.4 allows discussion and action on emergency items. However, if action can be reasonably deferred to a later meeting, this should be done.

21.4 cont’d21.4 cont’d

2.  Notice shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical

Closed SessionsClosed Sessions

Meetings can be closed for 11 Meetings can be closed for 11 specific reasons, including:specific reasons, including:

To discuss litigation with your attorney where To discuss litigation with your attorney where litigation is “imminent”; litigation is “imminent”;

To evaluate the professional competency of a To evaluate the professional competency of a county employee (if they request closed session); county employee (if they request closed session);

To discuss the purchase of real estate. To discuss the purchase of real estate.

Closing a MeetingClosing a Meeting

Must vote on the record to go into a Must vote on the record to go into a closed session. closed session.

Must state specific grounds. Must state specific grounds.

Requires vote of two-thirds of the Requires vote of two-thirds of the board, or all present.board, or all present.

No votes can be taken in a closedNo votes can be taken in a closed

sessionsession

Minutes must be taken.Minutes must be taken.

Closed meetings must be tape Closed meetings must be tape recorded.recorded.

Tapes are not public records.Tapes are not public records.

Strategy MeetingsStrategy Meetings

Meetings of the board to discuss Meetings of the board to discuss employment issues, such as, wages employment issues, such as, wages and benefits are not “meetings,” and and benefits are not “meetings,” and therefore not covered by the Open therefore not covered by the Open Meetings Law. This is true whether Meetings Law. This is true whether we are talking about a union setting we are talking about a union setting (Iowa Code (Iowa Code §20.17(2)) or a non-union §20.17(2)) or a non-union setting (Iowa Code §21.9)setting (Iowa Code §21.9)

Can hold emergency meeting.Can hold emergency meeting.

But:

Only for ‘good cause’Only for ‘good cause’State ‘good cause’ in minutesState ‘good cause’ in minutes

Can hold meeting at inaccessible Can hold meeting at inaccessible place or inconvenient time.place or inconvenient time.

But:

Only for ‘good cause’Only for ‘good cause’

State ‘good cause’ in minutesState ‘good cause’ in minutes

QUESTION: Does a person who wants to speak at a meeting of a governmental agency have the legal right to do so?

ANSWER: No

Iowa Code § 21.7 (2002)Iowa Code § 21.7 (2002)

21.7  Rules of conduct at meetings.

The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.

Robert’s RulesRobert’s Rules

Each legislative body has full authority to decide how it will conduct its meetings.

The law in Iowa is that parliamentary rules are established by legislative bodies to aid in the orderly conduct of business, but that parliamentary rules can be waived or ignored by that legislative body, and measures passed contrary to the established parliamentary rules are still valid and cannot be attacked on that basis.

State of Iowa v. DeCoster, 608 N.W. 2d 785 (Iowa 2000)