03/10/07

Sunshine Week 2007

2006 investigations found open records, open meetings violations



By The Associated Press

Several court challenges were filed against government bodies over openness last year, according to the Iowa Freedom of Information Council:

-- A lawsuit filed by the Iowa Freedom of Information Council and five media organizations, including The Associated Press, resulted in a finding that The Institute for Tomorrow's Workforce had violated the open meetings law. The group, appointed by the Iowa Legislature to link teacher pay with student performance, closed a meeting in July to discuss hiring a consultant, not an exception to an open meeting permitted under the state law.

A Polk County judge concluded that the law had been violated and the group was ordered to pay legal fees.

In September, Des Moines businessman Marvin Pomerantz, co-chairman of the group, acknowledged he was wrong to close the meeting and said he would pay the $9,000 in legal fees and $150 court costs.

-- The Iowa City Press-Citizen filed a lawsuit alleging the Iowa Board of Regents illegally closed a meeting to discuss hiring a new University of Iowa president and met several times without posting a meeting notice or agenda. The regents also kept the names of applicants confidential.

-- The Des Moines Register filed a lawsuit claiming the Central Iowa Employment Training Consortium repeatedly violated the open meetings law. The case is still pending in Polk County District Court. The group's lawyer said the closed meetings were appropriate under an exemption allowing discussion of imminent litigation. Gov. Tom Vilsack's office also initially denied the release of a report on the CIETC scandal but later released the records. Four people involved with CIETC have been indicted on criminal charges related to alleged fraud and conspiracy.

The Iowa Legislature in 2006 passed a measure mandating more transparency in agencies like CIETC that administer government programs. The state authorized an additional staff member for the ombudsman's office to act on information from whistleblowers.

-- In May, Wapello County Attorney Mark Tremmel filed charges against the Ottumwa Cemetery Board, alleging that the five-member group violated the state's open meetings laws. Court documents said that the board held improper meetings on March 25, 2005, and March 31, 2005. Court documents list six violations of Iowa's open meetings laws, including failure to have an adequate reason for a closed meeting and failure to have a proper request to enter a closed meeting. The meetings involved disciplinary action against Cemetery Supervisor Bob Swanson. Board member Steve Banyas has since left the board and Swanson resigned.

In other cases investigated last year, the The Iowa Office of Citizens' Aide/Ombudsman found:

-- A public library board in Randolph violated the open meetings law by going into a closed session without following proper procedures. The ombudsman also found improper meeting notices, lack of a quorum at meetings and members voting outside of official meetings. No apparent legal action was taken.

-- City Council members in Luther failed to announce in advance plans to meet in closed session as required by law. The council also did not state the reason for the closed session and lacked a valid reason for the closed meeting, the ombudsman found. Again in that case, no apparent legal action was taken.