Iowa Department of Education

Closed Sessions

The following is general information about closed session meetings:

a. An agenda is required for a closed session. The agenda (which may be part of the agenda for an open session that includes going into closed session) must let the public know why the session is closed. Names, of course, may not be appropriate to use, but the agenda should recite which exception in Iowa Code section 21.5(1)(a-k) is being invoked.

b. Members of a governmental body must vote to go into closed session while still in open session. It takes an affirmative vote of 2/3 of all members of the body or all members present at the meeting.

c. Separate, detailed minutes of the closed session must be kept, including “all discussion, persons present, and action occurring.” The entirety of the closed session must be tape recorded. Both the minutes and tape(s) shall be sealed and kept by the body for at least one year from the date of the meeting.

d. Final action of any matter discussed in closed session must be taken in open session.

e. Even if no press or other members of the public are present when the time comes to go into closed session, use the procedure to go into closed session! It may be tempting to look around and figure that there is no reason to vote to go into closed session, keep a different set of minutes and tape recording, vote to come out of closed session, and then take final action. BUT – remember that failing to do this means that any member of the public can access the minutes of what happened when a body failed to go into closed session.