Generally, board meetings shall be open meetings, unless a closed session or exempt meeting is provided for by law. The board shall hold a closed session or exempt meeting in the situations stated below.
Exceptions to the Open Meetings Law
Closed sessions take place as part of an open meeting. The item for discussion in the closed session shall be listed as part of the tentative agenda on the public notice. The motion for a closed session, stating the purpose for the closed session, shall be made and seconded during the open meeting. A minimum of two-thirds of the board, or all of the board members present, must vote in favor of the motion on a roll call vote. Closed sessions shall be tape-recorded and have detailed minutes kept by the board secretary. Final action on matters discussed in the closed session shall be taken in an open meeting.
The minutes and the tape recording shall restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended. The tape recordings and the written minutes shall be kept for one year from the date of the meeting. Real estate related minutes and tapes shall be made public after the real estate transaction is completed.
The detailed minutes and tape recording shall be sealed and shall not be public records open to public inspection. The minutes and tape recording shall only be opened upon court order in an action to enforce the requirements of the open meetings law. The board has complete discretion as to who may be present at a closed session.
Reasons for the board entering into a closed session from an open meeting include, but are not limited to, the following:
Exemptions to the Open Meetings Law
Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements. Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion. The board may also hold an exempt session for the following:
Legal Reference: Iowa Code §§ 20.17; 21; 22.7; 279.15, .16, .24.
1982 Op. Att'y Gen. 162.
1980 Op. Att'y Gen. 167.
1976 Op. Att'y Gen. 384, 514, 765.
1972 Op. Att'y Gen. 158.
1970 Op. Att'y Gen. 287.
Cross Reference: 208 Ad Hoc Committees
211 Open Meetings
Adopted: 1-10-83
Reviewed: 9-14-87, 11-25-91, 6-11-01, 8-9-04, 1-10-11, 1-11-16, 8-23-2021
Revised: 4-12-93, 7-10-95