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Alburnett council approves settlement in threatened lawsuit after closed session
Summary
After entering closed session under Iowa Code 21.5(1)(c), the Alburnett City Council returned to open session and approved a proposed settlement with plaintiff Chris Shelby, saying the agreement was recommended by the city's insurer and does not concede wrongdoing.
The Alburnett City Council on Feb. 13 voted to approve a settlement resolving threatened litigation brought by Chris Shelby after first meeting in closed session under Iowa Code section 21.5(1)(c).
Mayor led the council into closed session, and city attorney Holly Corry advised that the matter was appropriate for closed deliberation. After returning to open session, the mayor read the settlement recommendation from the city’s insurer and said the agreement was being pursued "to avoid the cost, expenses, attorney fees and risks of litigation and not because there was any wrongdoing on the part of the city or its employees, which alleged wrongdoing will be expressly denied in the settlement documents." The council then voted to approve the settlement.
The motion to approve the settlement was moved by Councilor Sukup and seconded by Councilor Meyers; the council approved the motion by roll call. The council did not identify any further terms for public disclosure during the meeting.
The council took the vote after legal counsel confirmed the closed-session basis under Iowa Code 21.5(1)(c), which allows strategy discussion where litigation is imminent and public disclosure could prejudice the city’s position. The council did not state any admission of liability in the record.
