Topics: Meeting Defined Meeting Requirements Meeting Notice Agenda Closed Sessions Public Comment

1. Open Meetings Law BasicsNew County Officers School January 19, 2005David Vestal General CounselISACdvestal@iowacounties.org(515) 244-7181

2. Topics: • Meeting Defined • Meeting Requirements • Meeting Notice • Agenda • Closed Sessions • Public Comment • Robert’s Rules

3. leave the sprinkler on • The grass is always greener when you…… • A rolling stone…… • plays the guitar. • It’s better to light one candle than to…… • waste electricity. • It’s always darkest just before …… • I open my eyes.

4. If you can’t take the heat…… • don’t start the fireplace. • The squeaking wheel gets …… • annoying. • Early to bed and early to rise …… • is first in the bathroom. • There is nothing new under the …… • bed. • Don’t count your chickens …… • it takes too long.

5. 21.2 Definitions As used in this chapter: 1.  "Governmental body" means: a.  A board, council, commission or other governing body expressly created by the statutes of this state or by executive order.

6. Iowa Code section21.2 Definitions 2. "Meeting" means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body's policy-making duties.

7. 21.2 Cont’d. 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.

8. Iowa Code § 21.3 (2002) 21.3  Meetings of governmental bodies. • Public Notice • Open session unless closure is allowed • All actions and discussions in open session.

9. 21.3 cont’d • Minutes required • Time, date, place, members present • Show vote of each member

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

11. 21.4 Cont’d. Advise Media Post notice on bulletin board

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

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

14. 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.

15. 21.4 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

16. Closed Sessions • Meetings can be closed for 11 specific reasons, including: • To discuss litigation with your attorney where litigation is “imminent”; • To evaluate the professional competency of a county employee (if they request closed session); • To discuss the purchase of real estate.

17. Closing a Meeting • Must vote on the record to go into a closed session. • Must state specific grounds. • Requires vote of two-thirds of the board, or all present.

18. No votes can be taken in a closed session

19. Minutes must be taken. • Closed meetings must be tape recorded. • Tapes are not public records.

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

21. Can hold emergency meeting. • But: • Only for ‘good cause’ • State ‘good cause’ in minutes

22. Can hold meeting at inaccessible place or inconvenient time. But: Only for ‘good cause’ State ‘good cause’ in minutes

23. QUESTION: Does a person who wants to speak at a meeting of a governmental agency have the legal right to do so? ANSWER: No

24. Iowa Code § 21.7 (2002) 21.7Rules 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.

25. Robert’s Rules Each legislative body has full authority to decide how it will conduct its meetings.

26. 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)