Wall Lake City Council takes open meeting training

WALL LAKE, IOWA – JUNE 13, 2011

On June 13, 2011, the Wall Lake City Council was given open meetings law training by City Attorney Warren Bush. Following is a summary of the discussion.

…even though you are giving the opportunity for the public to be heard, it is still up to you to vote, and it is up to the voters to vote you out.

…if someone were to see three councilperson’s cars parked up at the Mayor’s house before the meeting, there will be an assumption made that business is being discussed because there is an appearance of impropriety.

… items can be added to the agenda if it is an emergency, but if it can wait until the next meeting so that a proper 24 hour notice can be given, then it should.

…in order to go into closed session, there has to be a two-thirds vote.

… the person who is the subject personnel discussion is the only person that can initiate a closed session situation. A city council cannot initiate a closed session for personnel discussions. The c9uncil can advise the person that they have the right to ask for a closed session hearing. Any action that is taken regarding personnel issues have to be taken in open session.

…if someone takes the council to court, and they are found guilty of open meeting violations, councilors may be subject to fines and removal from office. A defense to being find or removed would be a vote of “No” on the councilor’s part.




11:13 - QUESTION: if we say something about someone, and they feel damaged, are we liable?
ANSWER: They would have to prove intent to damage.




…training meeting was call because of some missing minutes and missing closed session tapes



QUESTION: Do we have to tape every meeting?
ANSWER: Not necessarily after the meeting minutes are written up, but for everyone’s safety, it is recommended but not required.
QUESTION: Is that recording an open record?
ANSWER: Not the recording that is made outside of closed session meetings.*


QUESTION: Why do we have to give the tape to Curtis Bloes?
ANSWER: You don’t have to give Curtis Bloes those tapes.**



*It was discovered on June 16, 2011 that if the city clerk makes a recording of the meeting, then the recording of the meeting is an open record and must be available for the inspection of the public for a period of 5 years after which time the record can legally be destroyed.

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