Petition filed against Lansing City Council for alleged open meetings violations

Allamakee County Attorney Jill Kistler has filed a civil petition in the Allamakee County District Court alleging two open meetings violations by the Lansing City Council.
The petition names the Lansing City Council and individual Council members Bill Burke, Jeff Bechtel, Deb Volker, Rebecca Conway and Ross Kolsrud as defendants and asks the court to assess against each defendant damages of up to $500 for each violation and up to $2,500 for each violation in which they “knowingly participated.” The petition also requests that the court order payment of reasonable attorney fees to the Allamakee County Attorney; void any action taken by the Council in an alleged improper closed session; and enter an injunction (punishable by civil contempt) ordering the Council and its members to refrain from further violations of Iowa’s Open Meeting laws.
The first count listed in the petition alleges that the Council entered into a closed session September 4, 2012 in violation of Iowa Code Chapter 21 by failing to give proper notice to the public of the closed session, by discussing matters in closed session that are not permitted under the Open Meetings Law, by taking action in closed session contrary to the law, and by failing to seal the minutes and tape recording of the closed session.
According to the official minutes of the September 4, 2012 meeting, only Council members Bechtel, Burke and Volker were present when the alleged violation occurred. The minutes also show that Volker voted "no" on the motion to enter closed session. By law, the members of the Council who were not present when the alleged violation occurred or who voted against taking action in violation of the law can’t be held liable for the violation.
The second count in the petition alleges that the Council met in special session November 29, 2012 without giving public notice of the meeting at least 24 hours in advance of the meeting and without stating the reason for not complying with the 24-hour notice requirement under Chapter 21. There are exceptions allowed under Chapter 21 to the 24-hour notice requirement but the reason for holding an emergency session must be clearly stated.
According to the official minutes of the November 29, 2012 meeting, the purpose of the special session was to discuss the operator’s service agreement for the City Marina. During that meeting, the Council voted to terminate the standing agreement between the City and Marina Operator Jason Drape. Councilman Bechtel was not present at the meeting.
A date has not been set at this point for a court hearing on the petition. The Lansing City Council initially addressed the petition at its Monday, March 4 meeting, coverage of which appears in the River Valley section this week.