Iowa City trustees choose RFP route for director search after city attorney outlines new open-meetings, records constraints

The Iowa City Public Library Board of Trustees on Thursday heard a detailed briefing from Eric Horace, Iowa City city attorney, about recent Iowa court decisions that restrict boards’ use of closed sessions and broaden public-records exposure for applicant materials, and then approved a motion directing the board president to identify a small volunteer group to develop a request for proposals for a search firm to lead the director search.

Horace told trustees that recent opinions, including a case the attorney described as coming from the Iowa Supreme Court and a related Court of Appeals opinion, limit when governing bodies may meet in closed session to discuss applicants. “The open meetings case related to, hiring of the city clerk. And it was concluded that unless there was specific and articulable, negative things that would irreparably harm the applicant's, reputation, then they could not go into closed session to consider, the hiring and firing of those candidates,” Horace said. He also described changes in open-records practice that make application materials for internal candidates more likely to be public under section 22.7 of Iowa law as it is being applied now.

Why it matters: the legal guidance reduces the board’s ability to screen applicants behind closed doors and increases the chances that internal applicants’ materials will be public early in the process. Horace warned trustees the penalties for improper closed sessions are substantial and under active legislative discussion: the attorney gave a figure range for civil penalties for each board member tied to violations and said a House file (referred to as House File 706) would increase potential fines and remove members for repeated knowing violations if enacted.

Trustees spent the bulk of the meeting discussing options Horace outlined: run a fully open process; delegate preliminary screening to a single individual or a sub-quorum (but avoid creating an official committee subject to open-meetings rules); or hire an executive search firm to collect and screen applications confidentially on behalf of the board. Horace said delegating the winnowing to fewer-than-quorum volunteers or hiring an outside search firm are commonly used approaches to preserve practicability while complying with open-meetings and open-records requirements.

Robin, a trustee who led the library’s last search, described that experience with an outside firm (Bradbury) as time-consuming but valuable: the firm “helped negotiate with the candidate and be our broker in many ways,” she said, and ran advertising, initial screening and logistics for finalist visits and presentations. Trustees and staff discussed budget lines that might cover a search firm (operating budget consulting funds, and a capital/improvement allocation noted as available pending approval), and urged the search-team RFP to direct the consultant to consult the city attorney about the new legal constraints.

After discussion, the board president moved that the president identify a small group of volunteers to work with staff to develop an RFP for a search firm. The motion was seconded and approved by voice vote. The board president stated: “I have a motion directing me as president to identify a small group of volunteers to work with develop an RFP for a search firm to assist us in the search for the director.”

Trustees also discussed interim leadership and staffing implications for a long search. Anne, identified in the meeting as a management representative, was noted as the logical person to serve as acting director if needed; staff and trustees discussed potential backfill, budget timing and the possibility of compensating an interim director. Board members emphasized including staff representation (both management and a nonmanagement staff representative) in the working group to secure staff buy-in and to capture operational expertise.

The board did not appoint a formal search committee (which would trigger open-meetings obligations). Instead trustees approved a working-group approach that will be limited to fewer than a quorum of trustees and will work with city staff and the city attorney to develop the procurement documents needed to solicit a search firm. The working group will also coordinate how staff, union representatives and the public will be involved at later stages. The board directed the president to recruit volunteers and to return with an RFP draft through staff procurement channels.

What’s next: the board president will identify the volunteer working group and staff partners to develop the RFP and return the procurement materials to the full board for next steps. Horace offered to provide follow-up legal guidance and to prepare a written memo clarifying limits and options under current state court guidance.