Idaho council accused of meeting violation
Friday, November 13, 2009 11:15 AM PST
REXBURG (AP) — A woman is seeking an investigation after accusing the Rexburg City Council of violating the state’s open meeting laws as it prepared to appoint a new mayor.
In her letter to authorities, Maria Nate said she believes council members tried to skirt open meeting rules with one-on-one conversations over who should replace former Mayor Shawn Larsen.
‘‘It was clear by statements made by City Council members, and from what I have heard from others, that the decision of who to appoint for mayor was discussed, deliberated and made prior to the public meeting,’’ Nate wrote in her letter.
City Attorney Stephen Zollinger said there were no violations of open meetings law.
Newly appointed Mayor Richard Woodland said Wednesday he was shocked when he was appointed mayor at the Rexburg council’s Nov. 4 meeting.
‘‘I knew my name was in the hat, but so were 30 other people,’’ he said. ‘‘We didn’t know how it was going to turn out. Nobody did.’’ Council President Chris Mann, the sole member who didn’t vote for Woodland, said he was unaware of any secret meetings.
‘‘I don’t think there was anything clandestine or wrong with what went on,’’ he said.
Nate contends that council members violated a section of Idaho’s open meeting law that cautions members of governing bodies against holding a smaller meeting with less than a quorum present, or having members contacted by a go-between to determine their opinions outside the framework of a public meeting.
Zollinger said the appointment of a new mayor does not involve a public hearing and is not based on public input, so he was unsure how the process could have violated open meeting laws.
Councilman Rex Erickson also said there were no secret meetings, though he did say he had prior discussions about the appointment with other council members.
‘‘We have the right to speak with one another on a one-on-one basis,’’ said Erickson. ‘‘I have had one-on-one talks with two or three, but it was just a discussion — no decisions were made.’’
Nate’s letter was sent Monday to Zollinger, Madison County Prosecutor Sid Brown and Idaho Attorney General Lawrence Wasden.
