Lawsuit claims Cedar Rapids City Council violated open meetings law for closed session interview of city clerk candidate

CEDAR RAPIDS — Seven members of the Cedar Rapids City Council violated Iowa’s open meetings law when they interviewed a city clerk candidate in closed session, a lawsuit filed in Linn County District Court asserts.

The lawsuit, filed by retired assistant U.S. attorney Bob Teig of Cedar Rapids, alleges council members improperly went into closed session April 29 to interview Alissa Van Sloten. The council approved a resolution on the consent agenda making Van Sloten’s appointment as city clerk official at its May 12 meeting in open session. Items on the consent agenda are approved in a roll-call vote without discussion.

“Iowa’s Open Meetings law is there to make sure the public has easy access to City Council decision making,” Teig said in a statement Tuesday. “The law says all City Council meetings must be open to the public unless there is a specific provision that allows a session to be closed.”

Under Iowa Code, government entities may 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.”

Teig claims the council has not explained the justification for using the rationale that Van Sloten’s reputation would be injured for holding the interview in open session. According to the resolution to appoint Van Sloten, she had served as deputy clerk since 2010, then interim city clerk earlier this spring. Her starting salary was set at $100,401.60.

The lawsuit alleges that there “is no likelihood there would be reputational injury to such a long-term employee.”

A city of Cedar Rapids official said Tuesday the city does not comment on pending litigation.

Mayor Brad Hart said in a statement, “We understand and acknowledge the importance of Iowa's open meetings laws and always work hard to comply with them. In my opinion, Mr. Teig's lawsuit is without merit.”

Randy Evans, executive director of the Iowa Freedom of Information Council, said in an email that officials tend to gloss over a sentence in the law — that a closed-door discussion is needed to “prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.”

“The deputy clerk would have needed to ask that the interview and discussion be conducted in a closed meeting,” Evans said. “If she did not ask, then the council violated the open meetings law. This provision is there to protect the employee or prospective employee. It is not there to protect the council.”

The suit says Van Sloten did request the meeting be closed, but that this was not publicly disclosed before the council went into closed session. The suit is lodged against Mayor Brad Hart and council members Patrick Loeffler, Scott Olson, Tyler Olson, Ann Poe, Dale Todd and Ashley Vanorny. However, members Marty Hoeger and Scott Overland were absent from the 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.

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