(Spirit Lake)– Four present and one former member of the Spirit Lake school board are contesting a judge’s ruling that they violated two counts each of Iowa’s open meeting law.
Beth Will, Ann Goerss, Scott Wicks, Todd Hummel and Cliff Garvey were ordered to pay fines of 400-dollars each.
However their attorney in the case, Steve Avery, filed a motion Wednesday in Dickinson County District Court requesting the judge amend and enlarge his ruling in the case.
On one count, the judge says the members were in violation when they held a meeting in Des Moines. In appealing that count, Avery’s motion states that it’s frequent in Iowa that boards of directors attend workshops and other functions that are outside of their districts. He also states that there is a lack of judicial interpretation as to what is “accessible” when it comes to meetings.
The motion goes on to say that…quote…”If this damage assessment stands and if attorney fees are awarded, it amounts to a large penalty for a non-paid and elected person trying to do the best for education”…unquote.
On the other count stemming from a closed meeting January 9th, 2008 in which the judge cited a lack of detailed minutes and no recording because a tape machine wasn’t working, the motion states the board members had every reason to believe the machine was working and that minutes were being taken.
In addition, the motion says the board members relied on the advice of their attorney, who was in the room at the time, in allowing the meeting to continue and in participating in the phone calls that went on during the session.
A judge hasn’t ruled yet on Avery’s motion and request for a hearing. The motion seeks to have the fines against the defendants dismissed.
