NEW IOWA SUPREME COURT DECISION ON OPEN MEETINGS
November 26, 2025
NEW IOWA SUPREME COURT DECISION ON OPEN MEETINGS
This morning, the Iowa Supreme Court issued its ruling in Tieg v. Hart, et al. where it vacated the Iowa Court of Appeals’ earlier decision regarding closed sessions related to the appointment, hiring, performance, or discharge of municipal employees. To view the opinion, click here.
Background
In Tieg, a citizen sued members of the Cedar Rapids City Council claiming that they violated open meeting laws when they held a closed session pursuant to Iowa Code § 21.5(1)(i) for the purposes of interviewing of a job applicant for a city position. The case eventually made its way to Iowa Court of Appeals, which in January 2025, ruled in the citizen’s favor and found that the closed session should have been reopened to the public upon the City Council’s assessment that no needless and irreparable injury would occur to the job applicant during their interview. However, the Iowa Supreme Court revisited the Iowa Court of Appeals’ decision, and this morning, it vacated the Iowa Court of Appeals’ decision.
Takeaway
- The Iowa Court of Appeals’ solution of entering a closed session under Iowa Code § 21.5(1)(i), determining if needless and irreparable injury to the current or potential municipal employee’s reputation would occur, and exiting a closed session upon a finding that no such injury would occur is “unwieldy.”
- The governmental body need not have specific information about a reputational threat before it goes into and remains in closed session pursuant to Iowa Code § 21.5(1)(i). The risk of harm is sufficient. But, the best practice is to still consider and make a record of the reasons for the closed session.
- Pursuant to Iowa Code § 21.5(1)(i), both the governmental body and the individual being evaluated must agree to go into closed session. As the Iowa Supreme Court put it, “An individual who prefers to be interviewed in open session will always have that choice. Likewise, a governmental body that prefers public interviews of job candidates will always have that option.”
Questions?
For further information or questions, contact your City Attorney!
