Anamosa City Council holds closed session on litigation strategy, directs administrator to follow attorney advice

The Anamosa City Council met on Sept. 9, 2024, at the Anamosa Library & Learning Center and, after a roll call, voted to enter Closed Session under Iowa Code Section 21.5(1)(c) to discuss strategy with counsel on matters in litigation or where litigation was imminent. Mayor Rod Smith called the meeting to order at 5:15 p.m.

Councilmember Rich Crump moved to enter Closed Session; Councilmember Todd Weimer seconded the motion. The motion to convene the Closed Session was recorded at 5:16 p.m. and was approved with "Ayes—all" in the minutes. At the time the motion was made, Kay Smith and Teresa Tuetken were noted as arriving later in the meeting (5:38 p.m. and 5:55 p.m., respectively).

The minutes state the council met in Closed Session beginning at 5:16 p.m. to consult with City Attorney Patrick O’Connell about litigation strategy. The written proceedings do not disclose the subject matter of the litigation or the substance of attorney advice, consistent with the statutory exception for closed deliberations.

The council returned to Open Session at 5:57 p.m. and again adopted a motion moved by Rich Crump and seconded by Todd Weimer directing City Administrator Jeremiah Hoyt to proceed as advised by City Attorney Patrick O’Connell. The motion carried with "Ayes—all." The meeting was adjourned at 5:59 p.m.

Attendees recorded in the minutes included Mayor Rod Smith; councilmembers Rich Crump, Dan Smith, Brooke Gombert, Kay Smith, Teresa Tuetken and Todd Weimer; City Administrator Jeremiah Hoyt; City Clerk Penny Lode; City Attorney Patrick O’Connell; and Chief of Police Eric Werling. The minutes list no absences for the council but note the later arrival times for Kay Smith and Teresa Tuetken.

The minutes cite Iowa State Code Section 21.5(1)(c) as the legal basis for the closed session. No substantive details of the litigation were entered in the public minutes.