Text: HF00071 Text: HF00073 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 21.6, subsection 3, paragraph b, Code 1 2 1999, is amended to read as follows: 1 3 b. Shall order the payment of all costs and reasonable 1 4 attorneys fees in the trial and appellate courts to any party 1 5 successfully establishing a violation of this chapter. The 1 6 costs and fees shall be paid by those members of the 1 7 governmental body who are assessed damages under paragraph "a" 1 8of this subsection. If no such members exist because they 1 9 have a lawful defense under that paragraph to the imposition 1 10 of such damages, the costs and fees shall be paid to the 1 11 successful party from the budget of the offending governmental 1 12 body or its parent. 1 13 EXPLANATION 1 14 This bill provides that a court may award both trial and 1 15 appellate attorney fees to a party who establishes that a 1 16 governmental body has violated the open meetings law. The 1 17 Iowa supreme court has determined, based on current law, in a 1 18 1998 court opinion that only trial, but not appellate, 1 19 attorney fees can be awarded if a violation of Code chapter 21 1 20 is established. 1 21 LSB 1054HH 78 1 22 ec/cf/24
Text: HF00071 Text: HF00073 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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