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.