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What steps should a citizen take at a meeting of a governmental body when it is suggested that the body go into closed session for reasons not legal under Chapter 21 or other sections of the Iowa Code?

Question: 

What steps should a private citizen take at a meeting of a governmental body when it is suggested that the body go into closed session, apparently for reasons not legal under Chapter 21 or other sections of the Iowa Code?

Answer: 

These steps seem reasonable:

  1. Although you may not be assured access to the floor, seek an opportunity to voice concerns: “I’d appreciate it if you would specify exactly which exemption is being used to close the meeting. I question your legal grounds for closing the session.”
  2. Recognize that the goal should be to keep the meeting legally open and not to punish a governmental body for illegally closing a session. Consequently, you should, if given the opportunity, explain why you feel the meeting should remain open and what requirements of closing may not have been met by the public body.
  3. If the meeting is closed, and you remain concerned that it was closed illegally, you can consider legal action. Ask the county attorney to look into the matter. Enlist the support of the local newspaper or broadcast station. Consult a private attorney to evaluate your case. All you need to demonstrate to the court is that (a) the public body is covered by the open meetings law and (b) a closed meeting was held. The burden of going forward shifts to the public agency to demonstrate compliance with the law.
  4. Remember, if you are right that the meeting was illegally closed, you will be reimbursed for all costs and reasonable legal fees. Remember, too, however, that this provision of the law should not be an invitation to protest all closed sessions because the law does provide for exemptions to the mandate for openness.

In addition, the Iowa Public Information Board staff is available to answer questions and provide advice about the legality of a governmental action, attempt to resolve disputes, and act to enforce the law.

Printed from the website on September 24, 2020 at 4:16am.