Open Meetings Law and Public Library Boards

Trustees often ask, "When may a meeting be closed?"  There
are very few circumstances under which a library board may close a meeting. 

Library board meetings are subject to the Iowa Open Meeting Law which assumes that meetings are open.  "This chapter seeks to assure, through a requirement of open meetings of governmental bodies, that the basis and rationale of governmental decisions, as well as those decisions
themselves, are easily accessible to the people.  Ambiguity in the construction or application of this chapter should be resolved in favor of openness."  (Iowa Code 21.1)

What is the definition of a meeting?

A meeting is defined as "a gathering of a majority of the members of a governmental body [library board] where there is deliberation or action upon any matter within the scope of the [library board's] policy making duties."  Even an informal meeting of library trustees would be subject to the open meeting law if there is a majority of the trustees at the
gathering and library business is discussed.

How much notice should be given for the meeting?

At least 24 hours before a meeting, boards are required to post a notice and agenda in a prominent place accessible to the public or in the building in which the meeting is to be held.  The notice must include the time, date and place of the meeting and a tentative agenda.  The notice does not have to be published in the newspaper.  If a news/media agency requests a copy of the notice and agenda, the library board must supply it.

What needs to be on the agenda?

The agenda should include all business to be discussed at the meeting in enough detail to give members of the public a good idea of what topics will be discussed.  If an item comes up at the meeting that has not been included on the agenda, action should be deferred to a later meeting.  However, the law does allow for items that may come up on an emergency basis. 

What should be included in the minutes?

Minutes of all library boards meetings must be kept and include the date, place, the members present, any action taken at the meeting and the results of votes taken.  Minutes are subject to the Open Records Law and must be made available to the public if requested.

When can a meeting be closed?

A closed meeting may be conducted only if there is a two-thirds majority vote of the entire board or a unanimous vote of the trustees present, and the reason for closing the meeting falls under Iowa Code 21.5.  If a closed session is conducted, detailed minutes of the session must be kept, the session must be tape recorded; and no final action may be taken during the closed portion of the meeting.

There are very few reasons allowed under this statute for closing a meeting.  Two which are applicable to libraries include discussions to evaluate the professional competency of an employee or potential employee which could damage that person's reputation AND the person requests a closed meeting; and to discuss the purchase of real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property.

To summarize, a closed meeting may be conducted to evaluate the professional competency of an employee ONLY if that person requests a closed meeting AND there is a two-thirds majority vote of the entire board or a unanimous vote of the trustees present.

Open Meetings are covered in Chapter 21 of the Code of Iowa available at http://www.legis.state.ia.us/IowaLaw.html