Only emergencies trump notice and agenda requirements
Governmental bodies generally must give notice at least 24 hours prior to a meeting, and must include the tentative agenda. (Iowa Open Meetings Law, IA. Code sec. 21.4.) The public relies on the tentative agenda to know what matters will be discussed at the meeting. (See Sunshine Advisory, Advance Agendas for Public Meetings.)
But, what if a new idea comes up in the course of discussion while the meeting is underway? How much room does the law allow for expanded discussion when a tentative agenda has been issued?
Unless an emergency requires immediate action, only matters included on the tentative agenda may be discussed at a meeting. (See March 2004 Advisory, Emergency Meetings: Can Good Cause Justify Less Notice?)
Governmental bodies should apply these two rules of thumb to determine what discussion or action is permitted under the scope of items on a tentative agenda:
- Ordinary Meaning: Words in the tentative agenda should be measured by the meaning to a "typical citizen" or member of the news media. Do the words convey what topics will be discussed at the meeting?
- Sufficient Dietal:The sufficiency of the detail on the tentative agenda should be viewed in the context of surrounding events. Did the agenda give the public a full opportunity to participate? Factors in assessing the opportunity for participation may include whether the topic had been on a previous agenda and whether the meeting was widely publicized.
Remember: Spirited discussion may trigger exciting new ideas. But public bodies must be sure that the tentative agenda provides reasonable notice to the public in ordinary terms and in sufficient detail. Rarely, and only if a real emergency exists, should a body discuss and vote on a matter not included on the tentative agenda.
Sunshine advisories are a general resource for government officials and citizens on Iowa's public records and open meetings laws – our "sunshine” laws. Local officials should obtain legal advice from their counsel, such as the city or county attorney.
The Iowa Public Information Board (IPIB) is an independent board that the Iowa Legislature established specifically to address open meetings and open records-related matters. The IPIB provides information to the public and governmental entities on "sunshine" issues.
The IPIB, which has jurisdiction and authority to investigate and enforce Iowa's open meetings and open records laws, enables citizens to file a complaint if they believe that someone is violating these laws.
Citizens who have inquiries or complaints about public records or open meetings should contact the Iowa Public Information Board. Iowa Public Information Board.
Wallace Building, Third Floor
502 East 9th Street
Des Moines, IA 50319
Website: www.ipib.iowa.gov
Email: IPIB@iowa.gov
Phone: 515-725-1781
