Court allows fines for Cedar Rapids council’s closed meeting

A district judge can issue fines to members of the Cedar Rapids City Council for an open meetings violation in 2021 tied to the hiring of their city clerk, the Iowa Court of Appeals decided Thursday.

An appeals court panel ruled last month that the council had improperly met in closed session to interview City Clerk Alissa Van Sloten for the job she now holds.

Iowa law allows those private meetings to avoid "needless and irreparable injury" to interviewees' reputations, but the appeals judges found that the council did not sufficiently establish the reasons to justify a closed session.

"The council failed to ask any questions as to why Van Sloten's request (to close the meeting) was necessary. Not one," Judge John Sandy wrote on behalf of the three-judge panel in December.

That ruling was a result of a lawsuit filed by Cedar Rapids resident Bob Teig, a former federal prosecutor. He sought the fines and the release of a recording of the meeting, which he believes might contain a discussion about the clerk's $100,000 salary at the time of her hire, according to court records.

The appeals judges in December — in a ruling that partially reversed a district court judge's decision — agreed a recording of the meeting should be made publicly available, but they declined to impose fines for the violation, because the council members had acted on the advice of a city attorney.

On Thursday the judges issued a revised ruling that left a decision about fines to the district judge, after Teig asked them to reconsider.

State law allows fines of up to $500 for such violations, and up to $2,500 for violations that were deliberate. There are exceptions for violators who acted in "good faith" or relied on the opinion of an attorney.

Those who were present for the meeting and named in the lawsuit include then-Mayor Brad Hart and council members Scott Olson, Tyler Olson, Ann Poe, Dale Todd and Ashley Vanorny, along with former member Patrick Loeffler.

The city said it is appealing the decision to the Iowa Supreme Court.

"This is an issue of broad public importance, and a decision over which numerous public entities have expressed concern," Cedar Rapids City Attorney Vanessa Chavez said in a prepared statement. "City of Cedar Rapids officials are merely the named parties in this litigation that affects every public entity across the state."

Teig, also in a prepared statement, criticized the city for continuing to litigate the issue at the expense of taxpayers.

"A good leader will admit when they do something wrong, fix it, and move on," he said.

Comments: (319) 368-8541; jared.strong@thegazette.com