Judge: Regents did not violate Iowa law when they met privately with Harreld

Ruling on Motions for Summary Judgment – AFSCME Lawsuit by dmronline on Scribd

He called the allegations “legal fantasy.”District Court Judge William Kelly writes in his ruling, “It may have looked problematic in the way [former Board of Regents President Bruce] Rastetter organized the recruitment of Bruce Harreld, but ultimately, the Board lacked the numbers needed for a meeting throughout the recruitment process.”

Judges rule in UI open meetings case, AFSCME bargaining law challenge

Additionally, according to the court documents, some of the defendants have both personal and business plans to travel out of state next week — which they would have to cancel, if the trial remains a go. Defendants include former Board of Regents President Bruce Rastetter, former board President Pro Tem Katie Mulholland, former regent Mary Andringa, and current board members Milt Dakovich and Larry McKibben.

Harreld applied for the job the day after he met with regents and two months later was named president.Tags: newsBoard of RegentsEducationTweetShareGoogle+EmailA link has been sent to your friend’s email address.

Attorneys asked for delay of trial involving regents' private meetings with Harreld

October 30, 2017 By Dar Danielson

Still waiting on judge, attorneys ask to postpone trial against Iowa regents

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Follow @TwitterDev Subscribe to our email newsletters Download our free apps window.twttr = (function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0], t = window.twttr || {}; if (d.getElementById(id)) return t; js = d.createElement(s); js.id = id; js.src = “https://platform.twitter.com/widgets.js”; fjs.parentNode.insertBefore(js, fjs); t._e = []; t.ready = function(f) { t._e.push(f); }; return t; }(document, “script”, “twitter-wjs”)); try { _402_Show(); } catch(e) {} Your next Higher education articles University of Iowa faculty fear breakup … Iowa Board of Regents settles gender dis … Wintersteen first in Iowa to land pay ra … Give us feedback Have you found an error or omission in our reporting? Tell us here. Do you have a story idea we should look into? Tell us here. var art_no = ‘171039963’; Subscribe Green Gazette Advertise Newsletters Contact Us About Us Connect with us on social Sites Hoopla Photo Store Classifieds Fusionfarm Iowa Ideas Copyright 2015 The Gazette

Polk County judge decides Iowa regents' meetings with Harreld in 2015 were legal

Tags: courts2017 Legislative SessionnewsTweetShareGoogle+Email Related Content Collective Bargaining Bill Passes House and Senate; Governor Branstad Applauds By Joyce Russell • Feb 16, 2017 Joyce Russell/IPR After three days of bitter partisan debate, the Iowa House and Senate today gave final approval to legislation critics say will decimate Iowa’s collective bargaining law that covers 180-thousand public employees in Iowa. The lawsuit accused five current and former regents of breaking the state’s open meetings law by scheduling private meetings to recruit UI President Bruce Harreld. The regents asked the court dismiss the lawsuit, arguing that a majority of the board was never present at the same time during the back-to-back meetings on one day in 2015.

Members of the Iowa board that governs public universities did not violate state law when they met privately with an applicant who they later hired as president of the University of Iowa, a Polk County district court judge ruled Monday.Attorneys for the regents have asked that the lawsuit be dismissed, a request Kelly is mulling.
AFSCME Council 61 President Danny Homan tells reporters he will file a lawsuit seeking to stop the implementation of a collective bargaining bill passed by the Iowa Legislature Feb. 16.(Photo: Brianne Pfannenstiel/The Register)Buy Photo

“The statute is presumed constitutional unless the challenging party meets its burden to negate every reasonable basis for the classification that might support disparate treatment,” Chief District Judge Arthur Gamble wrote in his order outlining the legal principles governing the case. “Given the pivotal importance to all parties of the court’s ruling on the pending motion, all parties agree that allowing additional time for the court to prepare its ruling, if that is needed, makes sense,” according to court documents.Follow @TwitterDev Subscribe to our email newsletters Download our free apps window.twttr = (function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0], t = window.twttr || {}; if (d.getElementById(id)) return t; js = d.createElement(s); js.id = id; js.src = “https://platform.twitter.com/widgets.js”; fjs.parentNode.insertBefore(js, fjs); t._e = []; t.ready = function(f) { t._e.push(f); }; return t; }(document, “script”, “twitter-wjs”)); try { _402_Show(); } catch(e) {} Your next Higher education articles University of Iowa faculty fear breakup … Iowa Board of Regents settles gender dis … Wintersteen first in Iowa to land pay ra … Give us feedback Have you found an error or omission in our reporting? Tell us here. Do you have a story idea we should look into? Tell us here. var art_no = ‘171039986’; Subscribe Green Gazette Advertise Newsletters Contact Us About Us Connect with us on social Sites Hoopla Photo Store Classifieds Fusionfarm Iowa Ideas Copyright 2015 The Gazette

The ruling granting summary judgment to the board comes a week before the case was set to go to trial. A former UI employee who brought the suit plans to appeal.

Brenna Smith, a spokeswoman for Gov. Kim Reynolds, praised the outcomes. Earlier this month, another Polk County judge also threw out a similar challenge filed by the Iowa State Education Association, the state’s largest teachers union.AFSCME claimed that was a violation of the constitution’s equal protection clause.

Based on Rastetter’s comments during a deposition, those meetings fit the definition, according to Dickey.

The judge said “it may have looked problematic” that then-Board of Regents president Bruce Rastetter organized small group meetings with Bruce Harreld, but the judge dismissed the lawsuit that charged the board should have been advising the public they were meeting with Harreld.

Before he applied for the job, Harreld met with four regents, two at a time, in back-to-back meetings at then-board president Bruce Rastetter’s private business in Ames. Rastetter transported Harreld to the meetings with the regents Milt Dakovich, Mary Andringa, Larry McKibben and Katie Mulholland. The meetings were described in depositions filed in Polk County District Court.

“The intent to violate the law was not proven and is irrelevant to this Court’s inquiry,” Kelly writes. “Based on the facts presented, no majority of the board met as defined, and so this claim also fails as a matter of law.”

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Judges sided with the state in rulings on two cases issued Monday.

presidential search process in 2015.
Defense attorneys filed a motion Oct. 27 to postpone the court case that raised questions over the legality of the regents’ meetings with Harreld after previously motioning for summary judgment to drop the case ahead of a Nov. 6 nonjury trial date.
Koch Brothers Lobbyist Attends Collective Bargaining Bill Signing By Joyce Russell • Feb 20, 2017 Joyce Russell/IPR Governor Branstad Monday downplayed a controversy over his signing last week of a controversial bill wiping out most collective bargaining rights for Iowa’s public workers.  
“When I asked him why these were staged in meetings with two regents at a time, he specifically acknowledges a worry about the requirements of Chapter 21,” Dickey said.
Share this:TwitterGoogleFacebookFiled Under: Crime & Courts, Education, News Tagged With: Board of Regents, Employment and Labor, University of IowaOct. 6 hearing, but granted the defense attorneys’ motions Monday.


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