Legal Opinion Letter from City Attorney re Legality of Closed Session to Discuss and Develop Guidelines on Subjects Related to Collective Bargaining dated 7-6-1971THE CITY OF
DUBUQUE
Mr. Walter Bockes
Personnel Officer
City of Dubuque
Dubuque, Iowa
Dear Mr. Bockes:
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July 6, 1971
You asked me in your letter dated June 24, 1971,
the following question:
"May the City Manager and members of his
staff meet with the City Council in a
closed meeting to discuss and develop
guidelines on subjects related to collective
bargaining?"
As you know, Chanter 28A of the 1971 Code of Iowa
deals with official meetings open to the public.
It is my opinion that,in construing the said Chapter
28A of the 1971 Code of Iowa,that a meeting at which the City
Manager and members of his staff meet with the City Council j
in a closed meeting to discuss and develop guidelines on
subjects related to collective bargaining would be violative
of the spirit and language of said Chapter.
However, it is my opinion, that if the Council were to
attend a regularly scheduled meeting and at such meeting then
to vote for an executive session for the purpose of discussing
and developing the guidelines on the subjects related to
collective bargaining and follow the provisions of Section
28A.3 of the 1971 Code of Iowa and,thereafter,resume its
regular session open to the public, such would not, in my
opinion, be violative of said Chanter.
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It would appear that such closed session would be
permitted under the provisions of Section 28A.3 that provides
in part as follows:
"Any public agency may hold a closed session
by affirmative vote of two-thirds (2/3) of
its members present, when necessary to prevent
irreparable and needless injury to the
reputation of an individual whose employment
or discharge is under consideration, or to
prevent premature disclosure of information
on real estate proposed to be purchased, or
for some other exceptional reason so com-
pelling as to override the general oublic
policy in favor of public meetings
From an examination of the Chapter 28A and in response
to your additional questions telephonically, it is my opinion
that a work session, or a bargaining session, at which the
City Managerand members of his staff are in attendance with
representatives of the bargaining units which is the subject
matter of labor services, that such is not a meeting as con-
templated and covered in Chapter 28A. It should be borne
in mind that under our style of government that when the City
Manager and his staff negotiate for wage contracts between the
City of Dubuque and its employees, that the City Manager does
not do so as a committee of the Council. But rather, he
operates within the sphere of independent authority granted to
him by statute and that any decision made at these work
sessions are the subject matter of ultimately taking form of
recommendations to the City Council and the City Council itself
ultimately makes the determinations through the budgeting and
appropriations process, whether or not to accept or reject
such recommendation. If one were to hold that such constitutes
a meeting contemplated by Chapter 28A then it could logically
and reasonably be concluded that in any and all conferences
involving the City Attorney, the City Manager and members of
his staff that such would be required to be open under the
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provisions of Chapter 28A of the 1971 Code of Iowa. Con-
sequently, before such sessions could be entered into, proper
notice thereof would have to be distributed to the news
media in order to comply with Section 28A.4 of the 1971 Code
of Iowa.
It is to be borne in mind that under the language
and specific provisions of Chapter 28A friendly get-togethers
of City Councils to informally discuss matters of course,
are prohibited and are intended to be prevented by the pro-
visions of this Act. It would also appear to be in contra-
vention of said Act if the City Council,in an attempt to
circumvent the provisions thereof,would appoint a committee
of one or'two or whatever number of its members to act as a
committee to represent the Council at such sessions, and, in
effect, agree to be bound by the determinations of the
committee of the Council.
Respectfully submitted,
R. N. Russo
City Attorney
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P.S. In view of the wide local public interest in the contents
of this letter, I respectfully suggest that copies
thereof be made available to all news media. I would
suggest release date of July 9, 1971, at 9:00 A.M.
Copies should be made and a copy of each mailed to each
of the City Councilmen before release to the press.