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Story County supervisors adopt 'option 4' for evaluations of board direct reports after debate over closed‑session rules
Summary
After an extended discussion about court precedent and open‑meetings law, the Board voted to adopt option 4 for evaluating its two direct reports; staff warned a recent Court of Appeals opinion (now before the Iowa Supreme Court) narrows when evaluations may be conducted in closed session.
The Story County Board of Supervisors on Sept. 9 took direction to adopt option 4 for evaluating the two positions that report directly to the board, after a lengthy discussion about whether personnel evaluations must be handled in open session or may, in part, occur in closed session.
County staff told the board a Court of Appeals decision earlier this year — arising from a City of Cedar Rapids matter — narrowed the circumstances when a board can go into closed session for an employee’s evaluation. Staff member Crystal said the opinion is on appeal to the Iowa Supreme Court and will be submitted Oct. 7. Crystal summarized the Appeals Court’s guidance: “There has to be a finding made by the board, that it would cause needless and irreparable injury.” She added that the finding itself may be made in closed session and that boards may need to go in and out of closed session to address discrete, specific negative items.
Board members discussed options that included: (1) continuing the prior practice of a public evaluation with an employee able to request closed session; (2) having the chair alone perform the review (which some supervisors said could avoid open‑meetings exposure but raised concerns about concentrating control); (3) placing an evaluation on the full board agenda with advance notice that closed session may be needed; and (4) having one supervisor perform the review while the other two provide written input to avoid a walking quorum. After debate — which included concerns about reputational effects of public notice that the board might go into closed session — a supervisor moved and the board voted to adopt option 4.
The motion passed by roll call. Supervisors said they could revisit the process after trying it this year and after any Iowa Supreme Court guidance clarifies the law. Staff emphasized procedure: employees may request closed session but the board must make a specific finding that discussion in open session would cause “needless and irreparable injury” before moving wholly into closed session for negative performance matters.
