Signs of change, still few details after closed session

WASHINGTON — The Washington County Board of Supervisors held a closed session Tuesday afternoon, with a publicly stated purpose of “discuss(ing) matters in litigation or where litigation is imminent with legal counsel.”

Like the county’s last several closed sessions for that purpose, third party legal consultants from the firm Hopkins and Hubner stayed in the room after the door closed. The firm was hired by the county several months ago to navigate issues at the ambulance service, around the time officials suspended Ambulance Director Jeremy Peck.

Also like the last closed session, which took place Jan. 3, the resulting action taken by supervisors was intentionally vague, following the recommendation of the board’s legal counsel.

“Considering the information revealed in closed session … I move that the Washington County Board of Supervisors authorize and direct the Office of the County Attorney to take appropriate action,” said County Supervisor Jack Seward Jr. as he brought the action item to a vote.

The wording of Seward’s motion was slightly different from the one following Supervisors’ Jan. 3 closed session, which was, “to direct counsel, as directed in closed session.”

Unlike previous closed sessions involving Hopkins and Hubner representatives, the county cited multiple state code exemptions to allow the confidential discussion. The citations included not only Iowa Code Chapter 21 — which governs open meetings in the state — but chapter 622.10 as well. That section of state law governs communications made in professional confidence, such as private info shared with attorneys, doctors and clergy members. Such professionals are generally not allowed to disclose the information entrusted to them without a waiver from its source.

While county officials said 622.10 enabled the Jan. 3 meeting in response to a public record request, Tuesday afternoon’s agenda was the first to post that information on the meeting’s public notice.

In another change from the Jan. 3 action, the vote of approval was 4-0 tally with Supervisor Marcus Fedler abstaining, rather than a unanimous 5-0.

Asked about his abstention after the meeting, Fedler said it was due to "attorney recommendation,“ but declined to clarify whether consultants or the County Attorney’s Office had explicitly instructed him not to vote on the motion.

“Based on the discussion during closed session, Mr. Fedler decided to abstain,” County Attorney John Gish said on Fedler’s behalf.

Comments: Kalen.McCain@southeastiowaunion.com