21.6 - ENFORCEMENT.
21.6 ENFORCEMENT.
1. The remedies provided by this section against state
governmental bodies shall be in addition to those provided by section
17A.19. Any aggrieved person, taxpayer to, or citizen of, the state
of Iowa, or the attorney general or county attorney, may seek
judicial enforcement of the requirements of this chapter. Suits to
enforce this chapter shall be brought in the district court for the
county in which the governmental body has its principal place of
business.
2. Once a party seeking judicial enforcement of this chapter
demonstrates to the court that the body in question is subject to the
requirements of this chapter and has held a closed session, the
burden of going forward shall be on the body and its members to
demonstrate compliance with the requirements of this chapter.
3. Upon a finding by a preponderance of the evidence that a
governmental body has violated any provision of this chapter, a
court:
a. Shall assess each member of the governmental body who
participated in its violation damages in the amount of not more than
five hundred dollars nor less than one hundred dollars. These
damages shall be paid by the court imposing it to the state of Iowa,
if the body in question is a state governmental body, or to the local
government involved if the body in question is a local governmental
body. A member of a governmental body found to have violated this
chapter shall not be assessed such damages if that member proves that
the member did any of the following:
(1) Voted against the closed session.
(2) Had good reason to believe and in good faith believed facts
which, if true, would have indicated compliance with all the
requirements of this chapter.
(3) Reasonably relied upon a decision of a court or a formal
opinion of the attorney general or the attorney for the governmental
body.
b. Shall order the payment of all costs and reasonable
attorney fees in the trial and appellate courts to any party
successfully establishing a violation of this chapter. The costs and
fees shall be paid by those members of the governmental body who are
assessed damages under paragraph "a". If no such members exist
because they have a lawful defense under that paragraph to the
imposition of such damages, the costs and fees shall be paid to the
successful party from the budget of the offending governmental body
or its parent.
c. Shall void any action taken in violation of this chapter,
if the suit for enforcement of this chapter is brought within six
months of the violation and the court finds under the facts of the
particular case that the public interest in the enforcement of the
policy of this chapter outweighs the public interest in sustaining
the validity of the action taken in the closed session. This
paragraph shall not apply to an action taken regarding the issuance
of bonds or other evidence of indebtedness of a governmental body if
a public hearing, election or public sale has been held regarding the
bonds or evidence of indebtedness.
d. Shall issue an order removing a member of a governmental
body from office if that member has engaged in a prior violation of
this chapter for which damages were assessed against the member
during the member's term.
e. May issue a mandatory injunction punishable by civil
contempt ordering the members of the offending governmental body to
refrain for one year from any future violations of this chapter.
4. Ignorance of the legal requirements of this chapter shall be
no defense to an enforcement proceeding brought under this section.
A governmental body which is in doubt about the legality of closing a
particular meeting is authorized to bring suit at the expense of that
governmental body in the district court of the county of the
governmental body's principal place of business to ascertain the
propriety of any such action, or seek a formal opinion of the
attorney general or an attorney for the governmental body. Section History: Early Form
[C71, 73, 75, 77, § 28A.7, 28A.8; C79, 81, § 28A.6] Section History: Recent Form
C85, § 21.6
99 Acts, ch 9, §1; 2005 Acts, ch 99, §1