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Six media groups file FOI lawsuit

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DES MOINES -- The Courier has joined the Iowa Freedom of Information Council, The Associated Press and other newspapers in a lawsuit over an alleged illegal meeting held by a government organization.

The suit, filed Wednesday in Polk County District Court in Des Moines, said the Institute for Tomorrow's Workforce closed a July 27 meeting to the public to discuss hiring a consultant.

The move, the suit states, was in violation of the state's open meetings laws, which apply city councils, school boards and other goverment bodies as a measure of open government.

ITW will be receiving more than $600,000 in state funds to contract a study and design that would tie pay for Iowa teachers to performance.

The study is to measure the cost and effectiveness of raising student achievement by a compensation system that provides financial incentives based on student performance.

ITW, based in Des Moines, was incorporated in July 2005 as a non-profit organization

But it was formed by legislation passed by state lawmakers with a board of directors appointed by the governor, the state Senate leader and the speaker of the House. Therefore, the state's public meetings laws apply, the suit states

According to minutes of the July 27 meeting, the board heard presentations from out-of-state consultants and then closed the meeting to discuss "personnel," although the agenda didn't contain any personnel matters in indicate part of the meeting would be closed to the public.

During the meeting, ITW Co-Chair Bob Koob asked for consent to enter into negotiations and finalize an agreement with Learning Point Associates of Naperville, Ill, the minutes show.

An agreement with Learning Point was signed Aug. 10.

The suit asks the court to review a tape recording and detailed minutes of the meeting that are currently sealed and unseal the items, declare the meeting in volition of state law and void all actions taken during the closed meeting, including the awarding of the contract.

Plaintiffs in the lawsuit include the Iowa Freedom of Information Council, Lee Publications doing business as Waterloo/Cedar Falls Courier, The Des Moines Register & Tribune Company, Iowa Newspaper Association, The Gazette Co., and the Associated Press.

Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.

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