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IPIB issues opinion on Neola City Council matter

News

February 18th, 2016 by Ric Hanson

The Iowa Public Information Board issued an advisory opinion on meeting in closed sessions with legal counsel, in part because of a recent complaint filed against the Neola City Council. The Daily NonPareil says the board, in its recently issued opinion – which can be referenced by Iowa governmental officials – said that the issue was brought up in two recent complaints where government bodies went into a closed session without it being clear what attorney represented the bodies.

A complaint recently was filed with the IPIB against the Neola City Council, alleging the council violated Iowa Code by holding a closed session without City Attorney Scott Rogers present during its Oct. 19th meeting. Neola representatives argued an attorney handling a specific matter for the city, Clint Fichter, was present, so there was no violation of the law.

To show an attorney-client relationship, the government body should have an existing engagement letter, contract, resolution or a designation in the minutes of a previous meeting. The board dismissed the Neola complaint, but asked for background work to be done, which prompted the advisory opinion.

A copy of the opinion can be read at http://www.ipib.iowa.gov/node/370.