Greene v. Athletic Council of Iowa State University
251 N.W.2d 559
Iowa
1977
Check Treatment

*1 al., Appellants, Roger et GREENE STATE OF IOWA COUNCIL

ATHLETIC al., Appellees. et

UNIVERSITY 2-57593.

No.

Supreme Court of Iowa. 16, 1977.

March Norman G. LeTourneau and

Lawrence Jesse, Moines, appellants. Des Gen., Turner, Atty. and Eliza- Richard C. Gen., Nolan, appel- Atty. Asst. A. beth lees.

McCORMICK,Justice. question here is whether subject council of statute, chapter it not. held therefore reverse. it is and We hold here material At the times University and at Iowa were students Iowa. taxpayers of citizens judgment action declaratory brought this and members against the athletic to establish in an effort law. council is stipulated tried on evidence The case was nature, showing function *2 560 against of 3.Any the council. ruled committee

of contention, appeal. plaintiffs’ they council, commission, body. ing statute, meetings open Our mento statutes. See Arkansas Gazette Co. v. Pick 753 liberal construction ens, strued most Sacramento ing therein.” sions “is to N.W.2d man v. chapter We be said in 258 prohibit Open open County 837, McCord, unless public public Ark. This Newspaper Guild, etc. v. Sacra 840-841 Dobrovolny favorably meetings became bodies, within the exceptions secret or 69, benefit and Board principle 245 522 permit (1970), Ark. to statutes are enacted S.W.2d 350 ‘star chamber’ ses require v. is reflected Supervisors, 401, are Reinhardt, accorded such July public 432 S.W.2d to be con 1, (1975); stated meet to be 1967. 263 La 173 including require institutional gram cials laws of this National is a (NCAA) present an We The record entity control the “council, of the [*] Iowa case is established ten faculty Collegiate Athletic State [*] university. Regulations state”, Big shows consists State University to whether * * controlling 8 athletic [*] control within the representatives, * administrative [*] fifteen athletic council conference, is a issue in Association [*] members, member, manage of the three [*] offi- pro- representatives alumni and two student Cal.App.2d 41, (1968); 69 Cal.Rptr. Bag 480 representatives. faculty represent- The ten 428, 1, by v. District No. 186 Colo. School atives include six elected (1974); 528 P.2d 1299 Town Beach of Palm appointed by university president, Gradison, (Fla.1974); two v. 296 So.2d 473 Wolf faculty representative Zoning Adjustment, Big 79 8 con- v. Board N.J.Su ference, 546, per. (1963); director, and the athletic 192 A.2d 305 v. Selkowe Bean, 247, (1968); as an 109 N.H. 249 35 serves associate member. A.2d Hobbes, Raton Public Co. v. 76 N.M. Service The constitution of the athletic council 535, (1966); 417 32 P.2d Beacon Journal declares: Akron, Publishing 3 Co. Ohio St.2d delegated Iowa has (1965); Bogert 209 N.E.2d 399 v. Allentown Athletic re- Council Authority, 426 Housing Pa. 231 A.2d management for the sponsibility and con- (1967); Annot. 38 1070. A.L.R.3d of the pro- trol meetings The public bodies whose of the gram open meetings our statute are constitution adds: 28A.1, listed in as follows: * * * objective of the Council meetings following public of the promotion be the and faculty control public meetings open intercollegiate athletics. The Council times, all meetings rules, policies, regula- establish such any public agency which are not bylaws necessary tions prohibited, the public are unless closed objectives. of such attainment expressly permitted law: * * * The shall maintain board, Any 1. or commission in all integrity control fiscal matters created or authorized laws relating state. bylaws give the council control of the board, council, commission, 2. Any athletic director. office governing body ty, town, city, township, corpora- school * * * tion, subdivision, tax-sup- in- In all activities related to ported tercollegiate in this district state. athletics the Athletic Di- trative discretion to determine the responsible the Athletic Coun- alloca- rector tion and amount of expenditures. cil. Obviously the athletic council exercises also the duties decisions, governmental powers. powerful His It is a de- director. cision-making and coaches, policymaking body which are sub- of his staff and selection *3 acts for the in directing and adminis- approval. ject to council tering intercollegiate athletics at the uni- contracts the payments, Regarding versity. It is not a study advisory mere or McLarty v. group. Regents Cf. Board of 1. The shall have con- Section System Georgia, 231 the Ga. intercollegi- arising all funds trol of Although 200 S.E.2d this from all ate athletic contests and of funds clearly governmental makes the council a may which be devoted to other sources entity, we must still whether it is determine intercollegiate It shall allocate by the laws with- of this state” money may amounts of be neces- such in the 28A.1. sports; sary for the of various powers by the athletic exercised money except shall no be disbursed but delegated by university the ad- council approval by the written of the Director However, university ad- ministration. the Athletics, and in fiscal compliance with powers possesses itself those ministration University. Pay- policies delegation. They originate with a specific upon ments contracts relative grant authority to the state legislative intercollegiate to sala- athletic contests or which have by ries been authorized the by regents is vested The state Council, may be made the Treasurer responsibili- the authority with statute approval Di- of the Athletic a number of state institutions ty govern rector. 2. No contracts for intercolle- Section regents empowered giate contests shall effective until become expenditure appropriations the direct of all approved by authorized and the Council. university other nature, pur- All contracts whatever 262.9(7), belonging thereto. moneys Council, be filed porting bind required But the are not the Director. with authority help. without exercise 3. The Athletic Council shall Section delegate statutory powers and duties may financial for responsibility assume pursuant officials to 262.- to institutional athletic teams and athletic contests such provides: fully under as are its control. also have The board responsibility also has powers necessary and all the and exercise university which athletes receive determine administra- convenient letters, scholarships other and certain institutions of its office and of the tive awards. control, may this end and to under agen- of revenue such offices Sources create others, or university ap- include state from its own members athletics cies same, fees, donations, fix gate persons student to staff the propriations, employ concessions, receipts, and dele- compensation and revenues from and tenure their thereto, of- Big 8 conference and In the fiscal the administrative gate NCAA. 30, 1973, faculty un- ending June of the institutions year ficers control, appropriations did not receive such council state der its $2,173,050.68 did obtain from the other vested statute but and duties $1,780,116.14toward formulate and establish and disbursed sources poli- regulations, outline such program rules and there- procedures adminis- council exercised cies for, may tennis, all as swimming, desired or determined wrestling and gymnas- by the board as recorded in their minutes. tics. The other basis seems to be time contributed to the council by members and In staff university employees. salaried program university, directly appropriated No funds were powers council exercises of the board of during only year described in Because the vested au- the record. thority and responsibility govern the uni- versity expenditure and to control the extends the meet- regents, funds in the ings boards, councils, powers could not if it “created the laws of this Plainly were authorized to do so under state.” athletic council was not 262.12. officials could “created” laws of this state. The delegate powers to the council if question then becomes whether the council *4 262.12did not authorize creation of such a § was “authorized” within the group purpose. § majority points §

We hold that the athletic council is a their claim the athletic “council” which is the laws council is authorized statute. state,” That sec- of this and therefore to the permits tion the board appoint open meetings 28A.1(1), statute. See § committees, offices and to serve the board of But holding erred in other- appointed the athletic council is not wise. agree I do not REVERSED. expressed belief majority’s council could not pow- justices HARRIS, J., concur except if it were ers authorized to do so MOORE, J., LeGRAND, J., C. who dis- under 262.12. I do not understand that sent, REES, J., part. who takes no prohibit setting up section to boards and HARRIS, (dissenting). Justice in with university committees connection administration. Rather I understand respectfully I dissent in the belief the merely 262.12 to authorize the legislature did not open meetings intend the to create offices and apply law to to the athletic council. I disa- agencies for purposes. its own gree the athletic council exercises powers. mental “Authorized” is defined to “permitted.” mean Black’s Law Diction- agree Neither do I the council essentially Rev.Ed., ary, p. Fourth 169. The definition represents in and ad- in susceptible interpretations. turn is to two ministering intercollegiate athletics at the might Authorized be interpreted to mean I think the record is clear the (1) expressly permitted, (2) either not council represents the university adminis- prohibited. The activities of the athletic and, tration administration, council are not expressly permitted by any attending students the university in main- statute. taining institutional control over the athlet- ic It follows then for rely on 28A.1(1)the term “authorized” has to be I do not read the record to show state interpreted to mean illegal.” “not I do not appropriations are a source of revenue for legislature believe the intended to extend intercollegiate athletics at the university. boards, councils or One basis for holding by majori- such a merely operation commissions because their ty seems to paid be salaries appropria- illegal. is not tions to physical some depart- education employees ment spend a of their inapplicable time coaching intercollegiate track, golf, situation because it refers legislature I do intended cities, counties, town- bodies governing open meetings law to what extend the subdivi- corporations, ships, school essentially administrative staff meet- The ath- districts. sions, supported or tax legislature Rather the intended the ings. in of these included is not letic by groups of recommendations formulation categories. administration and ath- section, provision relevant The last councils of universities need not be letic “any commit- the law to 28A.1(3), extends on in carried commission, any such tee affirm. I would body.” Significantly governing the law did not extend boards, appointed by such committees MOORE, J., LeGRAND, J., join C. governing cils, this dissent. “any committee I the words believe bodies. 28A.1(3), mean committees of”, as used statutory organizations’

comprised council is not The athletic members.

own statutory or- up of members members Rather

ganization. statutory organization. a appointed