Amid legal dispute alleging open meetings law violation, Cedar Rapids Council to reconfirm city clerk’s appointment

CEDAR RAPIDS — Facing a lawsuit alleging an Iowa open meetings law violation over its 2021 appointment of the city clerk, the Cedar Rapids City Council is slated to vote Tuesday to reconfirm Alissa Van Sloten’s appointment to the role.

In litigating the lawsuit that Cedar Rapids resident Bob Teig, a retired assistant U.S. attorney, filed in May 2021 against then-Mayor Brad Hart and six of the eight other council members, the city maintains no violation of the law occurred.

With the case slated to go to a bench trial Wednesday, Teig is asking the court to void Van Sloten’s selection and said Monday the council can’t ratify something that he alleges is already void.

“The city disputes both that any violation has occurred and that the appointment was conducted in a closed session, but desires to remove any doubt and avoid the uncertainty that is created by this lawsuit,” according to council documents. “Ratification of the appointment by the council serves this purpose.”

Teig’s lawsuit alleges council members improperly went into closed session April 29, 2021 to interview Van Sloten. The council passed a resolution on the consent agenda making Van Sloten’s appointment as city clerk official at its May 12, 2021 meeting in open session. Items on the consent agenda are approved in a single block without discussion.

Iowa Code allows government entities to enter closed session “to evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.”

Van Sloten served as deputy clerk since 2010, then interim city clerk in the spring of 2021 before her appointment was made permanent.

She did request the interview be closed in an email to Hart, according to court records, but Teig asserted this was not publicly disclosed before the council went into closed session.

Elizabeth Jacobi, then the interim city attorney, requested an advisory opinion in August 2021 from the Iowa Public Information Board on whether Iowa Code section 21.5(1)(i) requires a governmental body to make an express finding that a closed session is needed “to prevent needless and irreparable injury to the reputation of the individual requesting the closed session.” The board in October 2021 determined governmental entities are not required to do so.

Teig’s suit is lodged against Hart and council members Patrick Loeffler, Scott Olson, Tyler Olson, Ann Poe, Dale Todd and Ashley Vanorny. Members Marty Hoeger and Scott Overland were absent from Van Sloten’s interview and are not named.

A violation of open meetings law can result in damages against each person of at least $100 and up to $500. If a defendant knowingly participated in a violation, the damages would be more.

Teig has other lawsuits open against city of Cedar Rapids officials.

In a lawsuit filed in November 2021, Teig alleged violations of Iowa open records law related to Van Sloten’s hiring as city clerk and Vanessa Chavez’s October 2021 hiring as city attorney. The council is responsible for appointing individuals in both roles.

Teig asked for and was denied copies of Van Sloten’s job application and an opinion letter the council used in city attorney candidate interviews, according to court records. The application was not shared because it is a confidential personnel record and the letter was not shared because of attorney-client privilege, records show.

The lawsuit names as defendants Chavez, Van Sloten, Hart, Jacobi, Assistant City Attorney Patricia Kropf, then-Human Resources Director Teresa Feldmann and an assistant city attorney whose identity is not known.

In that case, Teig seeks injunctive relief that would order the defendants to provide documents he requested and the defendants would have to refrain for a one-year period from future violations of Iowa open records law. He also seeks statutory damages and an award of his costs and fees.

A Linn County District Court judge granted the defendant’s motion for summary judgment, dismissing Teig’s claims without a trial. Teig has appealed that dismissal to the Iowa Supreme Court.

Teig said the lawsuits he has filed against the city are “costing me money as well as two years of my life.”

“I just want the city to be open and honest with the public,” Teig said. “There has been an institutional mentality of secrecy for no reason and the attitude has always been, ‘If you don’t like it, sue us.’ And nobody can afford to do that and shouldn’t have to.”

Teig said he takes issue with the council’s refusal to answer questions from citizens — including himself and others — during public comment periods at council meetings.

Council members and city staff are available after meetings to speak with those who attend, but they state during the meetings they are only there to listen. As a governing body, the council can only deliberate on topics that are listed on the meeting agenda with at least 24 hours of notice provided to the public.

As an example, Teig noted that in recent months, he asked council at a meeting why the city paid a considerable amount for former Police Chief Wayne Jerman to retire in April after he aged out of his certification when he reached age 66. Under an agreement, Jerman’s severance pay includes $188,885 representing his salary for 12 months plus $35,557.78 for accrued and unused flex leave minus withholdings for state, federal and other taxes.

Teig said the council would not answer that question. Before reaching the agreement with Jerman, the council had two closed session meetings to discuss “matters where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the city in that litigation,” but the topic of those meetings was never disclosed.

“It’s supposed to be government working for the people being governed,” Teig said. “If what they’re doing is right, they should be the first ones to get up and say why it’s right and not hide it.”

In a statement to The Gazette, the city said: “The City has a longstanding commitment to transparency and open communication with the public. We actively encourage members of our community to reach out to the Council and City staff with any questions or feedback they may have.” The statement directs the public to the council website at CityofCR.com/Council, and to submit questions and comments online at CityofCR.com/MyCR.

In another ongoing lawsuit, filed this April, Teig asserts that he asked the city to pay $1,302.50 for its alleged portion of a partition fence between his yard on Lamp Light Lane SE and Honey Hill Drive.

Teig asserted the city owned the adjoining tract of land along Honey Hill Drive on the north side of his property and should pay for half the fence. According to court documents, the city denied qualifying as the owner of the adjoining tract of land under Iowa Code.

In addition to seeking payment for the city’s alleged portion of the fence, Teig is asking the court to find that a 1962 easement in the 8- by 100-foot section at the rear of his property has been extinguished, quiet title and order the city to file a document acknowledging there is no easement.

The city attorney's office said Monday it has paid "well in excess of $100,000" in legal fees on outside counsel for cases brought by Teig.

Comments: (319) 398-8494; marissa.payne@thegazette.com