(The following story by James Quirk Jr. appeared on The Hawk Eye website on January 27.)
BURLINGTON, Iowa — A chorus of “no comment” was sung in unison by members of the Burlington City Council after a Monday closed session held to discuss whether to take the Burlington Northern Santa Fe Railroad to court in an effort to save local jobs.
Before meeting with City Attorney Scott Power in an executive session, council members Chris King and Bill Ell thought they would be able to offer some comments on possible litigation with BNSF following the closed?door meeting.
When the 45?minute session was over, however, Power and the council members unanimously declined comment on the discussion or any possible action.
“Legal counsel has instructed us not to speak on the matter,” King said.
King said the council has not scheduled another executive session to discuss the matter, but wouldn’t comment on whether there would be another closed discussion.
For matters that involve litigation or pending litigation between a municipality and another entity, state law allows city leaders to discuss legal strategy behind closed doors, but all such sessions must be tape recorded and kept on file for one year.
BNSF is in the process of moving 100 local jobs to Topeka, Kan.
The city signed an agreement with the Missouri Railroad Co. in 1858 that allowed the railroad to use city?owned land on the riverfront for rails in return for keeping the local shops up and running.
The Missouri Railroad Co. no longer exists, but the firm was absorbed by other railroad companies over the years until it finally became the property of BNSF.
BNSF eliminated 258 local jobs last year. The current plan to move 100 more jobs to Topeka would leave only 44 local shops employees, who will primarily repair locomotive parts, rather than the entire engine.
About 50 BNSF employees attended a council meeting last week to let officials know they believe the city has a case against the railroad because of the 1858 agreement and union lawyers might be available to help the city pursue the issue.