IN RE GILLESPIE

No. 83-837.

348 N.W.2d 233 (1984)

In re Subpoena Duces Tecum and Subpoena of Keith GILLESPIE.

Supreme Court of Iowa.

May 16, 1984.


Attorney(s) appearing for the Case

Richard J. Barry of Greer, Nelson, Bertell, Montgomery, Barry & Bovee, Spencer, for appellant Harvey Burnham.

Donald A. Beneke, Pocahontas, for appellee Keith Gillespie.

James L. Sayre and Gerald L. Hammond of Sayre & Gribble, P.C., Des Moines, for amicus curiae Iowa State Education Association.

Edgar H. Bittle and Edward W. Remsburg of Ahlers, Cooney, Dorweiler, Haynie & Smith, Des Moines, for amicus curiae Iowa Association of School Boards, Inc.

Considered by REYNOLDSON, C.J., and McCORMICK, SCHULTZ, CARTER, and WOLLE, JJ.


REYNOLDSON, Chief Justice.

In this appeal involving a potential teacher termination, we are required to examine the apparent tensions between the Iowa Code section 279.16 subpoena power and the section 68A.7 exceptions to the Iowa Freedom of Information Act. We affirm in part, reverse in part, and remand with direction.

March 11, 1983, Rolfe Community School District served notice on biology teacher Harvey Burnham that it did not intend to renew his contract...

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