By attorney Kristine Stone
On January 9, 2025, the Iowa Court of Appeals opinion in Teig v. Loeffler adopted a new standard for determining when a closed session is permitted to “evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered” by a governmental body that is subject to the Open Meetings Law, Iowa Code ch. 21.
Iowa Code sec. 21.5(1)(i) authorizes a governmental body to go into closed session
To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session.
In the Teig opinion, the Court of Appeals stated that an evidentiary finding must be made indicating that this type of closed session is “necessary to prevent needless and irreparable injury” to the individual who has requested the closed session. This means “[t]he governmental body must conduct further inquiry into the necessity of the closed session to ensure that the closed session complies with the statute.” Teig v. Loeffler, Opinion No. 24-0029, Filed January 9, 2025.
In the opinion, the Iowa Court of Appeals concluded the governmental body “violated the statute’s requirements when, upon closing the session, it failed to even attempt to ascertain any specific, damaging information that would justify continuing the interview outside the public’s view.” It is therefore necessary for a governmental body to discuss the need for the closed session with the applicant/employee at the beginning of the closed session. If sufficient grounds do not exist to justify the closed session, the evaluation must occur in open session.
It is recommended the governmental body make a record in closed session that it has evaluated the facts of the situation and determined that it is necessary to have a closed session (in whole or in part) to prevent needless and irreparable injury to the individual’s reputation. This action will help create evidence of the Board or Council’s rationale and decision making should a challenge to the closed session later be made. Due to the fact that these types of situations are often dynamic and fact specific, consultation with legal counsel is recommended to avoid any unintended compliance issues.
As an additional note, a request for further review is pending before the Iowa Supreme Court of this Court of Appeals decision. Therefore, it is possible this opinion may be reviewed further by the Iowa Supreme Court. If that occurs, we will provide any updated guidance based on any revised ruling that may be issued by the Iowa Supreme Court. But for now, the Court of Appeals decision in Teig v. Loeffler should be followed as Iowa law.
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