From the Lewiston Tribune

By RALPH BARTHOLDT OF THE TRIBUNE 

The Lewiston Police Department and the city of Lewiston will not release the names of two officers injured in the accidental discharge of a firearm at the police department last month – or any details surrounding the incident.

Citing privacy issues, the department and the city denied public information requests filed by the Lewiston Tribune to release the information.

Lewiston Police Chief Chris Ankeny said the accidental discharge was the result of a policy violation and that the incident was still under investigation.

“To discuss the outcome of the investigation before we have the opportunity to review what actually happened, we’re not at liberty to discuss it,” Ankeny said. “A policy violation occurred during a training exercise.”

The gunshot report Oct. 21 in the basement of the police department resulted in the injury of two police officers who were transported to the St. Joseph Regional Medical Center emergency room for treatment and later released with minor hand injuries.

The incident at about 4:30 p.m. happened in the department’s special weapons and tactics team room in the lower level of the department following a training exercise. Immediately following the incident, the department said in a news release that the matter was a personnel issue and would be investigated.

Once the investigation, which may take two weeks, is concluded the case will be reviewed and preventative measures will be considered, Ankeny said.

“We’ll determine what we can do as an agency to mitigate future incidents from happening,” Ankeny said.

The incident will be logged in the officers’ personnel file and will remain sealed from public scrutiny, he said.

Although the discharge of the handgun involved two city employees and occurred in a public building, Ankeny said it will be regarded as a private work-related issue.

“It is being treated as any other personnel matter,” he said.

Lewiston City Attorney Jana Gomez said the newspaper’s two public records requests were denied because the names of the officers requested were contained in a private personnel record. City Manager Jim Bennett, in a letter, said “the information that you seek is not a ‘public record’ or ‘writing,’ as defined by (Idaho Code).” In addition, Bennett said the matter is under investigation and exempt from disclosure under federal and state law and, per state code, releasing the information requested would constitute an unwarranted invasion of personal privacy.

Although it first appeared that the shot occurred while a firearm was being cleaned, Ankeny said after the incident that the officer may have been attempting to clear the firearm of ammunition when it discharged.

From the Lewiston Tribune

From the Twin Falls Times-News

BURLEY • A high-profile police committee accidentally copied reporters on an email this week instructing its members to mislead the media if journalists or a city council candidate came to its next meeting.

The panel was appointed last year by Cassia County and the city of Burley after bitter negotiations broke down between the two governments over policing. The county sheriff’s department has policed Burley for the past 30 years, but city leaders have complained recently about the cost.

The committee was tasked with playing peace-maker and recommending a deal that would work for both the city and county.

The committee was set to review its final recommendations in a public meeting Friday. But Wednesday, Chairman Bill Parsons sent the rest of the panel a note saying “If any newspaper is there we will say someone is not ready and then we can handle by email.”

It’s a violation of state law for committees to collude by email or plan what’s to be said in meetings ahead of time.

Parsons said he was trying to keep the report out of the hands of Jay Lenkersdorfer, co-owner of the Weekly Mailer and a candidate for Burley City Council. His email continued: “Linkensdorf (referring to Lenkersdorfer) is moving around and I do not want him to have any information until we present to both bodies. We will not turn on computer until we see who is there.”

On Friday, Parsons took full blame for sending the email but fell short of apologizing.

“I had a poor choice of words in that email, but that guy who is stirring around, Mr. Lenkersorfer, would have seen the report, would have blown it up before the election.”

Lenkersdorfer said he was “astounded” to be copied on the email. “I wasn’t surprised they wanted secrecy,” he said, “but I was surprised they put it in an email and sent it to the media.”

He noted that Parsons, who sent the note, is an attorney in the firm that represents the city.

There’s no question Parsons broke the law and conspired in advance of the meeting, said Benjamin J. Cluff, a Twin Falls attorney who occasionally represents the Times-News.

“The fact that the committee would plan, in advance, to violate the open meeting laws in the event members of the media are present is highly unusual and, in my opinion, particularly egregious,” he said.

City and county leaders have been waiting months for the group’s findings. The police contract and the city’s rancorous relationship with the county have been top issues for City Council candidates this campaign season. Most are hopeful the committee’s report could help salvage the relationship and bring long-term stability to the region’s policing.

The committee was appointed by the city and county in 2014 after city-county negotiations collapsed. Members were briefed on the state’s open meeting laws and directed to follow them, said Mark Mitton, Burley’s city administrator.

Among the panel’s members, only retiree Harold Blasius lacks a background in either the law or city government. In addition to he and Parsons, other committee members are Rob Squire, an attorney for D.L. Evans Bank; Clay Handy, a business owner and former city councilman and county commissioner; and Dennis Dexter, former jail administrator, city police officer and county deputy.

Reporters attended the board’s meeting Friday, and the committee did not discuss the substance of its final report, as it had indicated in its agenda. Instead, the group focused on details of how the report would be presented jointly to the city, county and reporters at a meeting tentatively scheduled for noon Nov. 6.

Handy admitted the committee had “kind of dodged” questions about its findings to date from city and county officials, and he said they deserved “candid answers” going forward.

“It’s for the good of all the citizens,” Handy said, “and we are all citizens.”

The Times-News filed public records requests Friday seeking any other email exchanges by committee members. Handy said the newspaper won’t find much. Besides the email Wednesday, the only discussions the committee had over the police contract via email was to discuss the minutes and agenda time, he said.

Parsons offered to sign an affidavit swearing that the committee made no “substantive decisions” by discussing the issue in emails, rather than satisfy the Times-News‘ records request. The newspaper declined and insisted the committee turn over its emails. Members have until Tuesday to say whether they’ll comply.

Meanwhile, Parsons said he would hate for an email scandal to taint the hard work of the committee on such an important issue.

“It’s the hard work of citizens,” he said of the report. “And they had a chairman who screwed up.”

From the Twin Falls Times-News

Editorial from the Idaho Statesman

What good is a government if it carries out its agendas and business in secret and never allows citizens to examine its books or question its decisions? Answer: no good.

Fortunately, we live in a nation where we have recourse in the form of open-meeting and public-records laws. The only limits to our level of participation in government are those (with some exceptions) we place on ourselves. The people have a right and the press has a duty to advocate for an open and transparent government.

In Idaho we have the statutory tools necessary to observe and question what is going on behind the dais at a meeting. We have a right to be informed when and why some matters are discussed behind the closed doors of executive sessions. We have a right to ask for information kept behind the counter at our government agencies. All we need is more awareness, practice and resolve to use those tools.

Tuesday evening another 50 people in the Treasure Valley participated in an Open Meeting/Public Records Workshop sponsored by IDOG (Idahoans for Openness in Government), the Idaho Statesman and Boise Public Radio. This group included interested citizens, members of the media, government workers and a number of elected officials — all of whom came away with a higher level of understanding and empowerment.

That’s because the “faculty” included experts such as Idaho Attorney General Lawrence Wasden, Deputy AG Brian Kane and Betsy Russell, president of IDOG and a seasoned Statehouse correspondent for The Spokesman-Review in Spokane.

This week’s workshop was the 37th Wasden has presented around the state over more than a decade, during which 2,500 people have attended. Wasden, a tireless champion of open government, discussed the ground rules for open meetings and public records access while Kane answered questions and Russell gave a reporter’s insight.

During the three-hour seminar, Kane delivered analogies that sum up the powers of transparency that are at the public’s disposal, and the guidelines for a government agency’s cooperation: “Open-meeting law is your ticket to the government to observe,” he said. “Public-records law is your fishing license (to search for documents).”

Though the topic can be dry, the presentation is jazzed up at different points with skits that stimulate discussion. One of the better examples of this can be accessed in the archives at Idaho Public Television on the occasion when professional actors performed the sketches: idahoptv.org/dialogue/openidaho/.

Your city council, school board, irrigation district, Legislature or whatever — they are all bound by law to present timely and detailed agendas so you will know when, where and what is being discussed. All of their policy decisions are designed to be public — though there are narrow circumstances for when a body can retire to executive session (for instance, to discuss certain personnel matters).

The second part of the workshop (a continuing series offered at several locations around the state in the future) is devoted to public records. One nugget to remember: The keepers of the information can ask what you are looking for, but not why. Their job is only to comply, and they may ask questions to that end.

If you love government in the open and you missed Tuesday’s gathering, don’t miss an opportunity to join or reference materials at IDOG . You can also secure explanatory booklets about Idaho’s laws on open meetings and public records at the Attorney General’s Office, 700 W. Jefferson St. , Boise, or by going to ag.idaho.gov.

Editorial from the Idaho Statesman

From the Idaho Mountain Express

The Sun Valley City Council violated Idaho’s open-meetings law at a meeting Oct. 5 by authorizing changes to a contract in executive session, according to City Attorney Adam King.

Another meeting will be held Friday, Oct. 16, at 4 p.m. so the council can acknowledge the violation and void the motion that authorized the contract changes. King told the council in an email last week that under state law, it had two weeks to fix the violation.

The Oct. 5 meeting was contentious, and marked by sharp words exchanged between Mayor Dewayne Briscoe and the City Council. Their disagreements related to payments that council members Keith Saks, Jane Conard and Michelle Griffith received to purchase their own health plans, outside the city’s group plan.
Saks called the violation “inadvertent,” and easily fixed by acknowledging it at Friday’s meeting and voiding the motion.

“This was an oversight,” he said. “We’ll remedy it the way the statute says to remedy it.”

The city’s insurance carrier, Regence BlueShield of Idaho, has notified the city of its intent to cancel the plan because the payments conflict with the plan’s underwriting assumptions. But that leaves a 90-day window for the city to rectify the situation.

After getting an opinion from outside law firm Hall Render, Saks, Griffith and Conard stopped the payments. They said they believed that was sufficient at the Oct. 5 meeting.

But based on conversations she had with Regence, City Treasurer Angela Orr said the company also wanted the city to go one step further and repeal Ordinance 475, passed in August, which affirmed the system of payments.

The practice dates to 2007, but came into question earlier this year because of recently enacted federal guidelines that were part of the Affordable Care Act’s implementation.

“This was nothing this council created,” Saks said.

According to Briscoe, the opinion from Hall Render stated that the practice is in conflict with the federal law.

At the Oct. 5 meeting, Briscoe had included repealing Ordinance 475 on the agenda. But after tensions boiled over at one point, Briscoe recused himself before the council addressed that item.

He did not return, and Saks, the council president, took over running the meeting. Griffith also left to attend a Ketchum City Council meeting that was happening at the same time.

Saks, Conard and Councilman Peter Hendricks addressed more routine city business such as finding an architect to renovate the Elkhorn Fire Station, among other issues, until Griffith returned shortly after 7 p.m. About a half hour later, the council took up the item related to Ordinance 475. Conard said she felt the item had been placed on the agenda prematurely, and wanted to discuss the matter in executive session.

Several council members felt it was necessary to consult with Hall Render further, and to get the law firm to reach out to Regence’s legal department to determine what needs to be done to bring the city into compliance.

Griffith also said she felt it necessary to discuss that in executive session. Before doing so, the council heard a briefing from Community Development Director Jae Hill on efforts to address unpermitted encroachment into city rights of way.

Shortly after 8 p.m., the council voted 4-0 to enter executive session, and recording of the meeting ceased.

That’s when “procedural irregularities” occurred, King wrote in the email.

After the vote to go into executive session, the council backtracked and “realized that it was appropriate to first amend the contract with Hall Render.” The council wanted to add $1,000 to the contract to cover any additional work. The original contract was capped at $3,000.

The recording was turned back on, and after short discussion, the change was approved, King wrote. Saks then said the council was back in executive session, which lasted about an hour. No other action was taken, aside from adjourning the meeting.

King wrote that the “Hall Render motion was effectively made while the City Council was in executive session. After the motion to enter executive session, there was no talk of exiting executive session before the Hall Render motion.”

Saks said King, the council and city staff present weren’t aware of the violation. He said King reviewed the situation after Briscoe called to notify him, and his email went out to the council members Oct. 8.

Under Idaho’s open meeting law, the council was not permitted to take that action in executive session, King wrote.

To fix the situation, King wrote, the council will have to acknowledge the violation, void the motion and then take up the Hall Render contract again.

The agenda will also include repealing Ordinance 475.

From the Idaho Mountain Express

From Melissa Davlin’s “Idaho Reports” blog

There have been quite a few accusations of government entities big and small violating Idaho’s open meeting laws recently. That’s not a trend journalists like to see.

So I’m keeping a running tally of such accusations throughout the state, starting retroactively in September. I’ll update with new stories when I see a link. Is there something I missed? Let me know: melissa.davlin@idahoptv.org.

(Full disclosure: I serve on the Idaho Press Club’s First Amendment Committee, which advocates for open government.)

If you need to brush up on Idaho’s open government laws, here’s a handy PDF, courtesy of Attorney General Lawrence Wasden’s office.

Sept. 29: Burley City Council admits to open meeting violation after unnoticed meeting regarding airport (via Times-News): https://magicvalley.com/news/local/mini-cassia/burley-council-admits-open-meeting-violation/article_28fed139-4022-5977-b81c-5550bc386857.html

Sept. 29: West Ada School District trustees void Superintendent Linda Clark’s contract extension after open meeting violation, then go into executive session, with one trustee accusing his colleagues of once again violating open meeting laws (via Idaho Education News): https://www.idahoednews.org/news/west-ada-trustees-void-superintendent-clarks-contract-extension/#.Vg1lPvlVhBd

Sept. 29: Idaho lawmakers pledge to open tax working group meetings to the public after previously meeting with little public notice (via Spokesman-Review): https://www.spokesman.com/stories/2015/sep/29/idaho-lawmakers-pledge-to-open-up-tax-discussions/

Sept. 27: Cassia County commissioners admit to third open meeting violation, but agree to pay back Perkins bill that taxpayers originally picked up (via Times-News): https://magicvalley.com/thevoice/news/cassia-commission-admits-to-rd-open-meeting-violation/article_74512d95-b81e-5ff5-a977-551a73fe9634.html

Sept. 20: Prosecutor: Transportation group violated open meeting law for its entire 25 years of existence; group will now post meeting notices (via Times-News): https://magicvalley.com/news/local/govt-and-politics/prosecutor-transportation-group-broke-open-meeting-laws-for-years/article_1aedc2d0-1887-55cf-abe5-ee269a1b367f.html

For updates, visit Melissa Dalvin’s Blog.

From Melissa Davlin’s “Idaho Reports” blog

The public is invited to attend any of three upcoming free seminars on Idaho’s key open government laws – the Idaho Open Meeting Law and the Idaho Public Records Law – Sept. 21 through Oct. 20 in McCall, Nampa and Boise, led by Idaho Attorney General Lawrence Wasden.

It’s a chance to learn what is covered by these important laws and how to comply, 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, editors and photographers 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. They are free and include refreshments; because space is limited, attendees are asked to RSVP:

• MON. Sept. 21, MCCALL – Co-sponsored by the Star-News. Downstairs Community Room, Idaho First Bank, 475 E. Deinhard Lane, 1-4:30 p.m. RSVP to Tom Grote, starnews@frontier.com
• WED. Oct. 7 – NAMPA – Co-sponsored by the Idaho Press-Tribune and the city of Nampa. Nampa City Hall, Council Chambers, 411 3^rd St. South, 6-9:30 p.m. RSVP to Scott McIntosh, smcintosh@idahopress.com or 465-8110.
• TUES. Oct. 20 – BOISE – Co-sponsored by the Idaho Statesman and Boise State Public Radio. BSPR building, 220 E. ParkCenter Blvd., 6-9:30 p.m. RSVP to Bill Dentzer, bdentzer@idahostatesman.com or 377-6438.

IDOG and Wasden have been holding these sessions around the state since 2004. They are funded in part by grants from the John S. and James L. Knight Foundation through the National Freedom of Information Coalition, and the Best of the West Foundation.

IDOG is a non-profit coalition for open government whose mission is to promote open government and freedom of information. There’s more information, plus an online “User’s Guide” to Idaho’s open government laws, available at IDOG’s website, www.openidaho.org.

Download the flyer.

Editorial from the Idaho Statesman

There was a time when it was common practice for the Idaho Legislature to conduct its committee meetings behind closed doors.

One day late in the 1969 session Ken Robison, the Idaho Statesman’s editorial page editor at the time and still a Boise resident, assigned a Statesman photographer to take a photo of the closed door that was preventing him from sitting in on the Revenue and Taxation Committee meeting.

In the next day’s newspaper the photo and Robison’s editorial complaining about the closed meeting ran. It apparently did the trick, because the doors mostly remained open after that.

Not all dust-ups over access to public records and meetings end so well. So, it’s a good thing the Idaho Open Meeting Law came along in 1974 and the Idaho Public Records Law in 1990. Though these laws have been refined over the years and access has mostly improved, the passages in the Idaho Code don’t do transparency any good unless they are known, understood and used properly when openness is denied.

Fortunately, Idaho Attorney General Lawrence Wasden has been a champion when it comes to educating government agency employees, public officials, the media and the public about their rights and responsibilities regarding public records and open meetings.

We recommend two upcoming seminars that will provide excellent teachable moments on Oct. 7 in Nampa and Oct. 20 in Boise. Journalists and local government officials are the primary targets, but both are free and open to the public (please RSVP). The workshops are sponsored by IDOG — Idahoans for Openness in Government — and led by a group including Wasden, Deputy Attorney General Brian Kane and IDOG President Betsy Russell of the Spokesman-Review.

There is plenty to learn and apply. At a McCall seminar Monday attended by 80 people, some finer points were expanded upon. As reported by the Spokesman-Review: “Because two-thirds of a governing body must vote to go into executive session, that means on a five-member board, it takes four votes. Three aren’t enough – they’re just 60 percent. And if just three members of the five-member board have shown up at the meeting, they can’t go into executive session at all. . .”

Everybody talks about openness being the new norm in government in a more enlightened and transparent world. But there’s nothing quite like referencing from the informational booklets Wasden’s office provides, and citing the pertinent passages from the code when facing resistance.

Idaho law provides for some exemptions to public access to records — records involving investigations, attorney-client privilege, personnel or contract negotiations. But government agencies that keep records and hold meetings do best by the public when openness and transparency is the default policy.

Editorial from the Idaho Statesman

From the Twin Falls Times-News

BURLEY • Cassia County Commissioners admitted Monday to another open meeting violation after the Jerome County prosecutor investigated the incident.

Casey Andersen, a Burley city councilman, accused the Cassia board of six violations earlier this year, and in May the board admitted to two of the six allegations. The illegal March 23 meeting acknowledged Monday was included in the original complaint.

The commissioners moved a meeting from their chambers to Perkins Restaurant, and the meeting was not put on the agenda or noticed, Cassia County Attorney Doug Abenroth said. Meeting minutes from that lunch show the commissioners discussed a law enforcement committee report prior to a meeting with committee members and Burley officials.

Jerome County Prosecutor John Horgan on Monday told the commissioners their options were to admit to the meeting violation, fix any actions taken during the meeting and receive training on Idaho’s open meeting laws — or he would file the complaint in magistrate court.

“I went through it many times, and the meeting did violate the open meeting laws,” Horgan said.

Commissioners convened in executive session to discuss their options.

“People don’t trust government because of these kinds of things,” Andersen said later that day. “And if they continue, then people have a reason not to trust government.”

Abenroth said Andersen filed the complaint about the March 23 meeting with his office, and he asked a special prosecutor to step in and investigate.

Abenroth said Horgan called him Friday with his findings.

When the commissioners returned to open session Monday, Abenroth said they wished to amend their original letter in response to Andersen’s complaints by admitting to the March 23 open meeting violation.

By law the state requires a “cure” to the violation, Abenroth said. County, city and law enforcement committee leaders met legally later on March 23; because they discussed the committee’s finding in its entirety, that cured the illegal meeting.

All three commissioners agreed to review the attorney general’s open meeting manual.

“I’m just glad we finally got to this point,” Andersen said. “To me it was fairly obvious what the problem was at the start.”

Andersen said the expense for that meal — paid by taxpayers — should be repaid, and each person at the meeting should donate $50 to Meals on Wheels.

Commissioners didn’t say whether they’ll follow that advice.

“You can do whatever you want. I’m done,” Andersen said. “I’ve spent I don’t know how many hours dealing with this, which should have been resolved without even going to the public.”

From the Twin Falls Times-News