Loading...
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: '> // f', `+ R. N. R U S S O • CITY i',%L 1 C I'T 2 3 6 FISCHER R BUILDING • D U6j �E . 10 W A ft; 2 0 • rrrYf�, 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. -2 - 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 -3- 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 RNR/rg 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.