Greene v. Athletic Council of Iowa State University

251 N.W.2d 559
CourtSupreme Court of Iowa
DecidedMarch 16, 1977
Docket2-57593
StatusPublished
Cited by19 cases

This text of 251 N.W.2d 559 (Greene v. Athletic Council of Iowa State University) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. Athletic Council of Iowa State University, 251 N.W.2d 559 (iowa 1977).

Opinions

McCORMICK, Justice.

The question here is whether the athletic council of Iowa State University is subject to the open meetings statute, chapter 28A, The Code. The trial court held it is not. We hold it is and therefore reverse.

At the times material here plaintiffs were students at Iowa State University and citizens and taxpayers of Iowa. They brought this declaratory judgment action against the athletic council and its members in an effort to establish that the athletic council is subject to the open meetings law. The case was tried on stipulated evidence showing the nature, purpose and function [560]*560of the council. The trial court ruled against plaintiffs’ contention, and they appeal.

Our open meetings statute, Code chapter 28A, became effective July 1, 1967. We said in Dobrovolny v. Reinhardt, 173 N.W.2d 837, 840-841 (1970), that its purpose “is to prohibit secret or ‘star chamber’ sessions of public bodies, to require such meeting be open and to permit the public to be present unless within the exceptions stated therein.”

Open meetings statutes are enacted for the public benefit and are to be construed most favorably to the public. Laman v. McCord, 245 Ark. 401, 432 S.W.2d 753 (1968). This principle is reflected in the liberal construction generally accorded such statutes. See Arkansas Gazette Co. v. Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975); Sacramento Newspaper Guild, etc. v. Sacramento County Board of Supervisors, 263 Cal.App.2d 41, 69 Cal.Rptr. 480 (1968); Bagby v. School District No. 1, 186 Colo. 428, 528 P.2d 1299 (1974); Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla.1974); Wolf v. Zoning Board of Adjustment, 79 N.J.Super. 546, 192 A.2d 305 (1963); Selkowe v. Bean, 109 N.H. 247, 249 A.2d 35 (1968); Raton Public Service Co. v. Hobbes, 76 N.M. 535, 417 P.2d 32 (1966); Beacon Journal Publishing Co. v. Akron, 3 Ohio St.2d 191, 209 N.E.2d 399 (1965); Bogert v. Allentown Housing Authority, 426 Pa. 151, 231 A.2d 147 (1967); Annot. 38 A.L.R.3d 1070.

The public bodies whose meetings are subject to our open meetings statute are listed in § 28A.1, The Code, as follows:

All meetings of the following public agencies shall be public meetings open to the public at all times, and meetings of any public agency which are not open to the public are prohibited, unless closed meetings are expressly permitted by law:
1. Any board, council, or commission created or authorized by the laws of this state.
2. Any board, council, commission, trustees, or governing body of any county, city, town, township, school corporation, political subdivision, or tax-supported district in this state.
3.Any committee of any such board, council, commission, trustees, or governing body.
* * * * * *

We believe the controlling issue in the present case is whether the athletic council is a “council, * * * authorized by the laws of this state”, within the meaning of § 28A.1(1).

The record shows the athletic council is an entity established by administrative officials of Iowa State University to manage and control the intercollegiate athletic program of the university. Regulations of the National Collegiate Athletic Association (NCAA) and Big 8 athletic conference, of which Iowa State University is a member, require institutional control of the program.

The council consists of fifteen members, including ten faculty representatives, three alumni representatives and two student representatives. The ten faculty representatives include six elected by the faculty, two appointed by the university president, the faculty representative to the Big 8 conference, and the athletic director, who serves as an associate member.

The constitution of the athletic council declares:

Iowa State University has delegated to the Athletic Council authority and responsibility for the management and control of the intercollegiate athletic program of the University.

The constitution adds:

* * * The objective of the Council shall be the promotion and faculty control of intercollegiate athletics. The Council shall establish such policies, rules, regulations and bylaws as are necessary for the attainment of such objectives.
* * * The Council shall maintain control and integrity in all fiscal matters relating to intercollegiate athletics.

The bylaws give the council control of the office of university athletic director. They provide:

* * * In all activities related to intercollegiate athletics the Athletic Di[561]*561rector is responsible to the Athletic Council.

The bylaws also prescribe the duties of the athletic director. His decisions, including selection of his staff and coaches, are subject to council approval.

Regarding contracts and payments, the bylaws provide:

Section 1. The Council shall have control of all funds arising from intercollegiate athletic contests and of funds from all other sources which may be devoted to intercollegiate athletics. It shall allocate such amounts of money as may be necessary for the support of various sports; but no money shall be disbursed except by the written approval of the Director of Athletics, and in compliance with fiscal policies of Iowa State University. Payments upon specific contracts relative to intercollegiate athletic contests or to salaries which have been authorized by the Council, may be made by the Treasurer with the approval of the Athletic Director.
Section 2. No contracts for intercollegiate contests shall become effective until authorized and approved by the Council. All contracts of whatever nature, purporting to bind the Council, shall be filed with the Director.
Section 3. The Athletic Council shall assume financial responsibility only for such athletic teams and athletic contests as are fully under its control.

The council also has the responsibility to determine which athletes receive university letters, scholarships and certain other awards.

Sources of revenue for intercollegiate athletics at the university include state appropriations, student fees, donations, gate receipts, concessions, and revenues from the Big 8 conference and NCAA.

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Greene v. Athletic Council of Iowa State University
251 N.W.2d 559 (Supreme Court of Iowa, 1977)

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Bluebook (online)
251 N.W.2d 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-athletic-council-of-iowa-state-university-iowa-1977.