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RATHMANN v. BOARD OF DIRECTORS

No. 96-1571.

580 N.W.2d 773 (1998)

Elaine RATHMANN, Appellant, v. BOARD OF DIRECTORS OF the DAVENPORT COMMUNITY SCHOOL DISTRICT, The Davenport Community School District, Bradford Allison, Denise Stanger, Denise Hollonbeck, David Elliott, Steven Imming and Gary Kleinschmidt, Appellees.

Supreme Court of Iowa.

July 1, 1998.

Attorney(s) appearing for the Case

Jeffrey S. Bittner of Carlin, Hellstrom & Bittner, Davenport, for appellant.

Carole J. Anderson of Lane & Waterman, Davenport, for appellees.

Edgar H. Bittle, James C. Hanks, and Elizabeth A. Grob of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for amicus curiae Iowa Association of School Boards.

Thomas W. Foley of Nyemaster, Goode, McLaughlin, Voigts, West, Hansell & O'Brien, Des Moines, for amicus curiae School Administrators of Iowa.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, ANDREASEN and TERNUS, JJ.

McGIVERIN, Chief Justice.

In this case we must decide whether a school district can charge a fee for retrieving public records requested under Iowa's open records law, Iowa Code chapter 22 (1995). We must also consider the method a school superintendent must follow in consulting private legal counsel for school district matters and whether private counsel hired by a school district is limited to representing the district in litigation matters, or whether private counsel...

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