21.5 - CLOSED SESSION.
21.5 CLOSED SESSION.
1. A governmental body may hold a closed session only by
affirmative public vote of either two-thirds of the members of the
body or all of the members present at the meeting. A governmental
body may hold a closed session only to the extent a closed session is
necessary for any of the following reasons:
a. To review or discuss records which are required or
authorized by state or federal law to be kept confidential or to be
kept confidential as a condition for that governmental body's
possession or continued receipt of federal funds.
b. To discuss application for letters patent.
c. To discuss strategy with counsel in matters that are
presently in litigation or where litigation is imminent where its
disclosure would be likely to prejudice or disadvantage the position
of the governmental body in that litigation.
d. To discuss the contents of a licensing examination or
whether to initiate licensee disciplinary investigations or
proceedings if the governmental body is a licensing or examining
board.
e. To discuss whether to conduct a hearing or to conduct
hearings to suspend or expel a student, unless an open session is
requested by the student or a parent or guardian of the student if
the student is a minor.
f. To discuss the decision to be rendered in a contested case
conducted according to the provisions of chapter 17A.
g. To avoid disclosure of specific law enforcement matters,
such as current or proposed investigations, inspection or auditing
techniques or schedules, which if disclosed would enable law
violators to avoid detection.
h. To avoid disclosure of specific law enforcement matters,
such as allowable tolerances or criteria for the selection,
prosecution, or settlement of cases, which if disclosed would
facilitate disregard of requirements imposed by law.
i. 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.
j. To discuss the purchase of particular real estate only
where premature disclosure could be reasonably expected to increase
the price the governmental body would have to pay for that property.
The minutes and the tape recording of a session closed under this
paragraph shall be available for public examination when the
transaction discussed is completed.
k. To discuss information contained in records in the custody
of a governmental body that are confidential records pursuant to
section 22.7, subsection 50.
l. To discuss patient care quality and process improvement
initiatives in a meeting of a public hospital or to discuss marketing
and pricing strategies or similar proprietary information in a
meeting of a public hospital, where public disclosure of such
information would harm such a hospital's competitive position when no
public purpose would be served by public disclosure. The minutes and
the audio recording of a closed session under this paragraph shall be
available for public inspection when the public disclosure would no
longer harm the hospital's competitive position. For purposes of
this paragraph, "public hospital" means the same as defined in
section 249J.3. This paragraph does not apply to the information
required to be disclosed pursuant to section 347.13, subsection 11,
or to any discussions relating to terms or conditions of employment,
including but not limited to compensation of an officer or employee
or group of officers or employees.
2. The vote of each member on the question of holding the closed
session and the reason for holding the closed session by reference to
a specific exemption under this section shall be announced publicly
at the open session and entered in the minutes. A governmental body
shall not discuss any business during a closed session which does not
directly relate to the specific reason announced as justification for
the closed session.
3. Final action by any governmental body on any matter shall be
taken in an open session unless some other provision of the Code
expressly permits such actions to be taken in closed session.
4. A governmental body shall keep detailed minutes of all
discussion, persons present, and action occurring at a closed
session, and shall also tape record all of the closed session. The
detailed minutes and tape recording of a closed session shall be
sealed and shall not be public records open to public inspection.
However, upon order of the court in an action to enforce this
chapter, the detailed minutes and tape recording shall be unsealed
and examined by the court in camera. The court shall then determine
what part, if any, of the minutes should be disclosed to the party
seeking enforcement of this chapter for use in that enforcement
proceeding. In determining whether any portion of the minutes or
recording shall be disclosed to such a party for this purpose, the
court shall weigh the prejudicial effects to the public interest of
the disclosure of any portion of the minutes or recording in
question, against its probative value as evidence in an enforcement
proceeding. After such a determination, the court may permit
inspection and use of all or portions of the detailed minutes and
tape recording by the party seeking enforcement of this chapter. A
governmental body shall keep the detailed minutes and tape recording
of any closed session for a period of at least one year from the date
of that meeting.
5. Nothing in this section requires a governmental body to hold a
closed session to discuss or act upon any matter. Section History: Early Form
[C71, 73, 75, 77, § 28A.3; C79, 81, § 28A.5] Section History: Recent Form
C85, § 21.5
2002 Acts, ch 1076, §1; 2007 Acts, ch 63, §1, 2; 2008 Acts, ch
1191, §33, 99; 2009 Acts, ch 110, §1
Referred to in § 8A.204, 21.3, 21.8, 22.7, 97B.8A, 203.11B,
203D.4, 279.24, 388.9, 411.5 Footnotes
Subsection 1, paragraph "l" does not apply to litigation before
any court that was filed prior to July 1, 2008; 2008 Acts, ch 1191,
§99