Crowd in CdA learns the Idaho Open Meeting law is everyone’s ‘ticket to the show’

Eighty people filled a meeting room at the Coeur d’Alene Inn the evening of Dec. 10, 2014 to learn about Idaho’s open meeting and public records laws, from county commissioners to newspaper reporters, school trustees to city clerks, state lawmakers to interested citizens.

“The open meeting law is your ticket to the show,” Deputy Idaho Attorney General Brian Kane told the crowd. “Anybody who has ever gone to a meeting and seen a vote without any discussion – that’s not a good sign.” Coeur d’Alene retiree Frank Orzell, with a big grin, responded from the audience with a double thumbs-up.

Kane said members of a board from eastern Idaho once bragged to him that they had the shortest meetings in the state. “To me, that’s a sign that there’s something wrong,” he said. “The open meeting law wants you to have those deliberations. Don’t take that away from the public, when they’ve got their ticket to the show.”

The public records law, meanwhile, is the public’s “fishing license,” Kane explained. People have a right to access information about their government, regardless of why they want it – even if they’re just fishing around for something. Holding up the light-blue Idaho Open Meeting Law Manual and the bright-red Idaho Public Records Law manual – every attendee received copies of both – Kane said, “If this is your ticket to the show, this is your government fishing license.”

The session was put on by Idahoans for Openness in Government, and is part of a series in North Idaho this week, which wraps up with another workshop Thursday afternoon in Sandpoint.

Idaho Attorney General Lawrence Wasden was the lead presenter at all the sessions, which are free and open to the public. “These statutes are especially important,” Wasden told the Coeur d’Alene crowd, “because they really are at the heart of what we are as an American people. It is important that you understand the rules by which you access information and watch government.”

The session featured humorous interactive skits, with audience members playing the roles, to demonstrate how the open meeting law and public records law are supposed to work – or in some cases, how they’re not. In one, Kootenai County Clerk Jim Brannon portrayed “Crusty, the reporter,” complaining about a closed meeting of a fictional City Council; soothing Crusty’s concerns was “Trusty, the city clerk,” played by Coeur d’Alene Press reporter Keith Cousins. Among those taking on roles on Wednesday night were former state Rep. Gary Ingram, the original author of Idaho’s open meeting law when he served in the Legislature in the 1970s; Ingram also was honored during the session.

Attendees gave the session top marks, even though it went far into a late and dark December evening. Wrote a reporter – who sent this out as a Tweet – “Ticket to the show. Check. Fishing license. Check. Great job tonight!”

Wrote a fire commissioner, “Technical details were needed for clarification – well done!”

Wrote a citizen: “Lawrence Wasden is hilarious. Nice job all around!”

A local official called the session a “great refresher on the do’s and don’ts.” An elected official wrote that her takeway from the evening was, “Disclose, be open, public, cooperate!”

The Coeur d’Alene session was co-sponsored by the Coeur d’Alene Press and The Spokesman-Review. Welcoming the crowd, Press managing editor Mike Patrick said if the two competing newspapers can work together to promote better knowledge of the state’s open government laws, everyone can.

Crowd turns out for open government workshop in Lewiston

 

More than 45 people gathered at Lewis-Clark State College in Lewiston the evening of Dec. 8, 2014 for the first of four open-government workshops in North Idaho this week featuring Idaho Attorney General Lawrence Wasden. The free sessions, sponsored by Idahoans for Openness in Government, or IDOG, cover how to comply with Idaho’s two key open government laws, the Idaho Open Meeting Law and the Idaho Public Records Act, and are for local and state government officials and employees, reporters, editors and photographers from all media, and interested citizens.

Monday night’s session, co-sponsored by the Lewiston Tribune, included interactive skits in which audience members took on roles, including one in which Doug Bauer of the Tribune portrayed a county prosecutor and Jaynie Bentz of the Port of Lewiston a county commissioner, helping illustrate the do’s and don’ts and generating laughs along the way. Lewiston Tribune Publisher Butch Alford guaranteed the session would be worth the price of admission, or he’d refund double the price – it was free.

Among the issues that came up during the session: Chief Deputy Attorney General Brian Kane noted that members of public boards shouldn’t be texting one another during meetings. “We’ve actually had cases of folks texting during a meeting and not having the discussion,” he said. “If you’re texting during the meeting, you’re robbing the public of the purpose of the Open Meeting Law.” Plus, he noted, those texts become public records and the public’s entitled to see them.

He also emphasized a line in the Open Meeting Law that says the “mere presence of legal counsel” does not justify a closed executive session; the law requires more than that. “The corollary to that is folks will send an email and copy it to their attorney, and claim it’s attorney-client privilege” to evade the public records law, Kane said. “It doesn’t work that way.”

When an audience member asked where notice should be posted if a board meeting is held at a board member’s home, the answer was: That’s not advised. A public meeting means anyone can come in, even to that home. But if that’s the place, notice must be posted somewhere prominent, like on the front door or the mailbox out front.

In evaluations, participants gave the session high marks. One public agency employee wrote that he learned something he can put to use right away: Information on what really qualifies under the “labor negotiations” exemption from the Open Meeting Law, and on how to “cure” open meeting violations by redoing the meeting in public. The labor negotiations exemption is for formal negotiations between the agency and a union representing its employees; not for general discussion of employment issues.

A citizen who attended said he learned how to be more watchful of local events – something he really wants to do. A local official said she learned to watch agenda changes, and follow the proper procedures for them. A reporter called the session “informative.” Another member of the news media wrote that his takeaway was: “Public process is our ticket to democracy!”

The IDOG workshops are funded in part by a grant from the John S. and James L. Knight Foundation through the National Freedom of Information Coalition.

Learning the ins and outs of Idaho’s open meeting law

From Eye on Boise/The Spokesman-Review

Moscow’s historic, wood-paneled City Council chambers was the scene of some hilarity last night, as City Councilman Walter Steed, left, played the part of a lucky reporter overhearing his local county commissioners illegally conducting public business over breakfast at a local café – while Latah County Prosecutor Bill Thompson, second from right, played the county commission chairman, throwing in some zingers at Steed while he was at it. The skit was part of a workshop on Idaho’s open meeting and public records laws that drew nearly 30 people last night; additional sessions are set tonight in Coeur d’Alene and Thursday afternoon in Sandpoint.

In the skit, the fictional county commissioners ended up with $500 apiece fines for knowingly violating the Idaho Open meeting Law. “An important note with the penalties,” Deputy Idaho Attorney General Brian Kane told the crowd, “Those are to you as a person, meaning that your government entity doesn’t pick up the tab for you violating the open meeting law.”

Idaho Attorney General Lawrence Wasden was the lead presenter at the workshop, sponsored by Idahoans for Openness in Government and co-sponsored by the Moscow-Pullman Daily News. Wasden said all sides need to understand what the rules are. Lee Rozen, Daily News managing editor, said, “These laws are often misunderstood in the details and in the intent – either by the public, by the press, by government staff and by elected officials.” That’s why all those groups are invited to the IDOG sessions.

There’s more info here about IDOG and the workshops, which Wasden and the group have been holding around the state since 2004; the Moscow session was the 31st.

From Eye on Boise/The Spokesman-Review

Moscow workshop: ‘It’s the public’s business’

Moscow, Idaho’s historic, wood-paneled City Council chambers was the scene of some hilarity on Tuesday night, Dec. 9, 2014, as City Councilman Walter Steed played the part of a lucky reporter overhearing his local county commissioners illegally conducting public business over breakfast at a local café – while Latah County Prosecutor Bill Thompson played the county commission chairman, throwing in some zingers at Steed while he was at it. The skit was part of a workshop on Idaho’s open meeting and public records laws that drew nearly 30 people, ranging from local elected officials to reporters, records clerks, lawyers, civic volunteers and interested citizens.

In the skit, the fictional county commissioners ended up with $500 apiece fines for knowingly violating the Idaho Open meeting Law. “An important note with the penalties,” Deputy Idaho Attorney General Brian Kane told the crowd, “Those are to you as a person, meaning that your government entity doesn’t pick up the tab for you violating the open meeting law.”

Idaho Attorney General Lawrence Wasden was the lead presenter at the workshop, sponsored by Idahoans for Openness in Government and co-sponsored by the Moscow-Pullman Daily News. Wasden said all sides need to understand what the rules are. Lee Rozen, Daily News managing editor, said, “These laws are often misunderstood in the details and in the intent – either by the public, by the press, by government staff and by elected officials.” That’s why all those groups are invited to the IDOG sessions.

Moscow’s session was the 31st that IDOG and Wasden have presented around the state since 2004, visiting all parts of the state on a three-year cycle; the sessions last came to North Idaho in 2011.

Attendees in Moscow gave the session high marks. “Should have done this 12 years ago,” commented an elected official. “Good material.”

“Thanks for doing this,” wrote a member of a state commission. She said she learned something she’ll put to use right away: “How to handle executive sessions.”

A government employee said he came away with a “much better sense of what I need to pay attention to in my job.”

A local attorney offered this as the takeaway: “Proceed cautiously – serve the public.” Wrote another attendee, “As a newly elected legislator, a great overview of the process as well as explanation of the history and background for the open meeting and public records laws.”

Wrote a reporter: “It is the public’s business.”

The IDOG sessions are funded in part by a grant from the John S. and James L. Knight Foundation through the National Freedom of Information Coalition.

Crowd turns out for open government workshop in Lewiston

From Eye on Boise/The Spokesman-Review

More than 45 people gathered at Lewis-Clark State College in Lewiston last night for the first of four open-government workshops in North Idaho this week featuring Idaho Attorney General Lawrence Wasden. The free sessions, sponsored by Idahoans for Openness in Government, or IDOG (full disclosure – I’m IDOG’s president), cover how to comply with Idaho’s two key open government laws, the Idaho Open Meeting Law and the Idaho Public Records Act, and are for local and state government officials and employees, reporters, editors and photographers from all media, and interested citizens.

Monday night’s session, co-sponsored by the Lewiston Tribune included interactive skits in which audience members took on roles, including the one pictured above, in which Doug Bauer of the Tribune portrayed a county prosecutor and Jaynie Bentz of the Port of Lewiston a county commissioner, helping illustrate the do’s and don’ts and generating laughs along the way. Lewiston Tribune Publisher Butch Alford, at left, guaranteed the session would be worth the price of admission, or he’d refund double the price.

Among the issues that came up during the session: Chief Deputy Attorney General Brian Kane noted that members of public boards shouldn’t be texting one another during meetings. “We’ve actually had cases of folks texting during a meeting and not having the discussion,” he said. “If you’re texting during the meeting, you’re robbing the public of the purpose of the Open Meeting Law.” Plus, he noted, those texts become public records and the public’s entitled to see them.

He also emphasized a line in the Open Meeting Law that says the “mere presence of legal counsel” does not justify a closed executive session; the law requires more than that. “The corollary to that is folks will send an email and copy it to their attorney, and claim it’s attorney-client privilege” to evade the public records law, Kane said. “It doesn’t work that way.”

When an audience member asked where notice should be posted if a board meeting is held at a board member’s home, the answer was: That’s not advised. A public meeting means anyone can come in, even to that home. But if that’s the place, notice must be posted somewhere prominent, like on the front door or the mailbox out front.

Additional IDOG workshops will be held tonight in Moscow; Wednesday night in Coeur d’Alene; and Thursday afternoon in Sandpoint. There are details here on locations, times and how to RSVP.

From Eye on Boise/The Spokesman-Review

Yes, we can cooperate for the public good

Editorial from the Coeur d’Alene Press

Those of us in the news media often think public officials are clueless or worse when it comes to open meeting and public record laws.

Some of those public officials have a pretty good idea what they’d like us media lunkheads to do with our opinions about their diligence.

Outside of a courtroom or a dark alley, how do the two sides settle their differences so the laws are obeyed, the citizens have government information they’re entitled to, and the media and public official camps can work respectfully with each other?

Betsy Russell and Lawrence Wasden have your answer. And it will all be revealed this Wednesday evening at 6 at the Best Western Plus Coeur d’Alene Inn.

Going back several years, Russell, the Boise-based star reporter for the Spokesman-Review, and Wasden, Idaho’s esteemed attorney general, devised a great way to increase understanding of the state’s public records and open meeting laws, while magically improving mutual respect and even compassion at the same time. How? Through skits, of course.

Through engaging role-playing and other devious methods, journalists and public officials will see how the public records/open meetings world looks from the other side’s perspective. It’s not just enlightening; it’s entertaining.

Invitations went to Kootenai County-area public officials already, but we’re reminding them to please RSVP right away to Camie Wereley if they can attend. Also, though space is limited, there will be some room for members of the general public also to attend. If you’re interested, please RSVP to cwereley@cdapress.com, or leave a message at 664-8176, ext. 2016.

Thanks go to AG Wasden, a good sport if ever there was one; to Betsy Russell, who also serves as president of Idahoans for Openness in Government; and to Jerry Jaeger, JJ Jaeger and the crew at Coeur d’Alene Inn, who were kind enough to donate the banquet room for the evening.

Editorial from the Coeur d’Alene Press

Four IDOG seminars set for December

The public is invited to attend any of four upcoming free seminars on Idaho’s key open government laws, the Idaho Open Meeting Law and the Idaho Public Records Law, Dec. 8-11 in North Idaho, led by Idaho Attorney General Lawrence Wasden.

It’s a chance to learn what is covered – and what is not – by these important laws, in a fun and accessible format. Presenters in addition to Wasden will include Deputy Attorney General Brian Kane and IDOG President Betsy Russell. Government agency employees, public officials, reporters from all media, and interested citizens all are invited.

These sessions are recommended by the Office of the Attorney General, the Association of Idaho Cities, the Idaho Association of Counties and the Idaho Press Club. The sessions are free and include refreshments; because space is limited, attendees are asked to RSVP.

Here are the locations and RSVP information:

  • MON. Dec. 8 – LEWISTON: Lewis-Clark State College, Room SAC 112, 6-9:30 pm. Co-sponsored by the Lewiston Tribune. RSVP to Butch Alford, (208) 848-2250 or alajr@lmtribune.com

 

  • TUES. Dec. 9 – MOSCOW: Moscow City Hall, Council Chambers, 6-9:30 pm. Co-sponsored by the Moscow-Pullman Daily News. RSVP to Lee Rozen, 882-5561 ext. 4638, or lrozen@dnews.com

 

  • WED. Dec. 10 – COEUR D’ALENE: Coeur d’Alene Inn, 506 W. Appleway Ave., 6-9:30 pm. Co-sponsored by the Coeur d’Alene Press and The Spokesman-Review. RSVP to Camie Wereley, 664-8176, ext. 2016 or cwereley@cdapress.com

 

  • THURS. Dec. 11 – SANDPOINT: Sandpoint Library, Community Room, 1407 Cedar St., 3-6:30 pm. Co-sponsored by the Bonner County Daily Bee. RSVP to Caroline Lobsinger, 263-9534 ext. 259, or clobsinger@bonnercountydailybee.com

 

IDOG and Wasden have been holding these sessions around the state since 2004; most recently, seminars were held last fall in eastern Idaho, the Wood River Valley and the Magic Valley. They are funded in part by a grant from the John S. and James L. Knight Foundation through the National Freedom of Information Coalition.

Consider joining us, and please don’t forget to RSVP!

Revealed: St. Luke’s hospital antitrust trial documents made public

From the Idaho Statesman

Hours of court testimony that took place behind closed doors a year ago are now open to the public.

The documents describe, among other things, emails in which local hospital executives talk about a “monopoly model.”

A group of news organizations, led by the Idaho Statesman, sued last year to get access to court proceedings and exhibits from the trial, which is now before a federal appeals court.

The trial pitted St. Luke’s Health System against its main competitor — Saint Alphonsus Health System — and the federal and state governments, who accused St. Luke’s of violating antitrust laws when it bought Nampa’s Saltzer Medical Group, creating a near-monopoly over primary care in Nampa.

U.S. District Judge B. Lynn Winmill ruled against St. Luke’s and ordered it to divest Saltzer. His ruling is now before a federal appeals court.

THE ‘M’ WORD

Among other things, the documents show lawyers questioning St. Luke’s executives Randall Billings and Geoffrey Swanson about emails they exchanged in 2011.

From the Swanson deposition:

Q: Further down, “No. 3. Scenario Planning,” reads, “A monopoly model.” What is that in reference to?
A: I don’t know.
Q: And below that, romanette number 4, “FTC risk”? Do you have an understanding of what that means?
A: I’m not sure if that has enough context for me to understand what that might mean or what we were talking about at that particular point in time.

Billings in his deposition tells lawyers he does not remember the email or know of any conversations about a “monopoly” at St. Luke’s.

During the trial, lawyers vaguely referenced an “M word” document while the courtroom was open to the public.

MORE BECOMES PUBLIC

Reporters and the public, including hospital employees, were ushered out of the courtroom for long segments of the trial and weren’t allowed to see or hear much of the evidence.

District Judge B. Lynn Winmill said he wanted to protect trade secrets and signed off on the closed-door testimony and sealed documents. He later heard arguments from the news organizations, then agreed to review each piece of the trial that had been kept from the public.

He ordered everyone involved in the lawsuit to release documents months ago. The release has been delayed as businesses asked Winmill to reconsider small parts of his order.

The Idaho Attorney General’s Office filed the documents into the federal court record this week, after the news organizations pushed once more for access.

“We take openness and transparency in government and the courts seriously, and we’re pleased to help make available for public consumption the transcripts and testimony from this important case,” said Todd Dvorak, spokesman for Idaho Attorney General Lawrence Wasden.

From the Idaho Statesman

Prosecutor: No meeting law violations

From the Coeur d’Alene Press

COEUR d’ALENE – Kootenai County Prosecutor Barry McHugh determined the Mica Kidd Island Fire District commissioners didn’t violate open meeting law when they conducted an executive session this summer.

Commission President Chris Shelton said Friday that the district’s elected board does the best it can with the resources and staff it has available. Shelton is facing a recall election in a few days. Another fire district commissioner, Larry Mundt, didn’t respond to a request for comment.

“I have made every effort to make sure that we’re complying with any applicable law related to open-meeting law and Idaho code,” Shelton said.

Fire district resident James King alleged that Shelton in particular was responsible for not following the law in calling for an executive session which took place on July 25.

King said in an emailed statement to The Press that he “firmly” stands by his assertion that there was never a valid open meeting, regular or special, from which the executive session was conducted.

“I challenge Mr. McHugh and (the fire district) to provide the actual documents, in accordance with the Idaho open meeting laws, that demonstrate there was a regular or special meeting noticed, held, and recorded in the minutes, from which this executive session was held,” King wrote.

King alleged that an executive session can only be “motioned for” during a regular or special meeting.

McHugh addressed the allegations Friday in a letter to King.

“I do not see anything that would indicate that the public was excluded from the portions of the meeting before or after the executive session was held,” McHugh wrote.

King also alleged that an email exchange is not an appropriate means of calling an executive session and taking a roll call vote.

“I agree with you that the roll call vote must take place in an open meeting, and cannot come about through email communication outside of a meeting, but find that the roll call vote to enter into executive session occurred during the meeting on July 25th as reflected in the minutes,” McHugh wrote.

King also alleged that proper notice was not posted on the door of the district’s firehouse.

“Our affirmative duty would be to prove that no posting occurred, and we cannot prove that with the evidence I have reviewed,” McHugh wrote.

Finally, King accused the commissioners of conducting fire district business following the executive session, again in violation of open meeting law.

“An investigation of what was discussed revealed that the discussion that took place after the executive session didn’t involve issues pending before the commissioners,” McHugh wrote. “Rather, the discussion was about existing friction between the commissioners and some members of the public, and other non-(district) matters.”

The recall against Shelton involves, in part, the allegation of an illegal executive session. Community members also say he has lost touch with residents’ “desires and wishes,” and they complained about a fee schedule that was developed to charge people for services provided by the fire district.

From the Coeur d’Alene Press

Open public records key to limiting government

Editorial from The Spokesman-Review

Idaho typically elects conservative officeholders with skeptical views of government and then allows them to lower the blinds on public information.

One would think voters would want the government closest to them to be the most open, but that’s not how it works in the Gem State.

Last spring, Gov. Butch Otter named an ombudsman for public records so more transparency and accountability would be brought into the process. After four months on the job, Cally Younger has some ideas for improvement, but she will need the Legislature’s help with statutory changes. It would help if the public pushed for reforms, too.

The Idaho Statesman published a package of articles last Sunday in which Younger discusses what she’s learned and what actions might be needed.

For starters, her office needs a broader mandate and an enforcement mechanism. She has jurisdiction over state agencies only, which puts school boards, law enforcement agencies, city councils, county commissions and other local entities out of reach. Plus, enforcement of the state’s public records law is weak. Neither the attorney general’s office nor the ombudsman can compel compliance. It is solely up to citizens to make sure agencies are following the law, and that means hiring legal counsel and taking the matter to court – a step many people can’t afford.

Other states offer less onerous avenues of dispute resolution. Utah has an admirable setup: a public records commission made up of people from the public and private sectors. It settles disagreements and can enforce its findings.

Although imperfectly realized, a voter-approved initiative in Washington public records law states the goal nicely: “The people insist on remaining informed so that they may maintain control over the instruments that they have created.”

But keeping tabs on Idaho agencies can be a chore because of the welter of exemptions and inconsistent policies. The state tells local governments what records they must retain and for how long, but the law doesn’t do the same for state agencies. For instance, the governor’s office lets each employee decide how long to keep emails, while the Department of Correction has a blanket six-month rule. So a request that involves both agencies is up against different rules.

To say the least, this isn’t customer-friendly. It certainly violates the spirit of open government.

Younger says she is surveying agencies to pinpoint irregularities so she can formulate reforms to take to the Legislature. Otter deserves credit for creating a position that embraces the perspective of record requesters, but the state has a long way to go.

Lawmakers can show they embrace open government by giving the ombudsman leverage over all public institutions – not just the state-level ones – and a way to compel compliance. This will give the office the stature it needs to push for other needed changes.

Conservative lawmakers say government can’t be trusted. Let’s see if they help raise the blinds.

Editorial from The Spokesman-Review