From the Twin Falls Times-News

By Jared S. Hopkins
Times-News writer

BOISE – A bill that would put teeth in Idaho’s Open Meeting Law is on its way for Gov. C.L. “Butch” Otter’s signature, despite opposition Wednesday from a handful of House members.

Supporters say the bill, which passed 59-10, will make the law clearer for public officials to understand while strengthening the safeguards against violations. It already passed the Senate without a dissenting vote.

The revisions, the first in 17 years, were crafted by Idaho Secretary of State Ben Ysursa, Attorney General Lawrence Wasden and media groups.

“This legislation provides the teeth,” said Rep. Erik Simpson, R-Idaho Falls.

First adopted in 1974, the Idaho Open Meeting Law guarantees all citizens the right to observe and participate in meetings of public entities.

The bill now on its way to Otter clarifies some aspects of the law and spells out stiffer penalties, including:

• Fines of up to $50 for governmental bodies that violate the law, regardless of intent.
• A civil penalty of as much as $500 for public bodies that knowingly violate the law.
• A civil penalty of as much as $500 for those who violate the law twice within 12 months.
• The start of an executive session – a closed-door meeting – must be cited in meeting minutes. It would also require a governmental agency to list the specific reason for the closed-door meeting. Currently, agencies must only list a general description.

House members who opposed the bill said they didn’t mind a stronger open meetings law, but were concerned about a provision that allows meeting agendas to be changed during the meeting. Opposition came despite the fact that the bill would require a motion to amend the agenda, which currently is not required.

“I don’t think they ought to monkey with it after they get started. One man’s good faith is another man’s bad faith so I don’t accept that,” Rep. Lenore Barrett, R-Challis, said. “If the press wants to come to my local meeting and sit there and write and do what they want to do and if they want to follow me home and check on the color of my pajamas, I’m fine with that.”

The 35-year-old open meeting law has surfaced in recent months in the Magic Valley.

The city of Twin Falls is currently streaming all council and advisory committee meetings through its Web site, as well as increasing the number of meetings broadcast on the city’s public-access cable channel, Channel 17 on Cable One.

Meanwhile, in Burley, the Idaho Attorney General’s Office determined that the Burley council had not violated open meeting law when it awarded a bid for a sewer line. And Burley Mayor Jon Anderson has removed City Councilman Jay Lenkersdorfer from committee assignments, saying, in part, that he has violated the open meeting law by calling unannounced sub-committee meetings.

“It is good legislation,” said Rep. Stephen Hartgen, R-Twin Falls, who is a former newspaper publisher. “The Attorney General’s Office has struggled for many years to advise local agencies of government.”

From the Twin Falls Times-News

Editorial from the Idaho Mountain Express

Blaine County Prosecutor Jim Thomas and Twin Falls County Prosecutor Grant Loebs owe the public an explanation as to why they are automatically disqualifying Fifth District Judge Robert Elgee from hearing any and all felony criminal cases that originate in their counties.

While disqualifying a judge automatically—without a stated reason—is allowed under court rules established by the state of Idaho, it is unusual for prosecutors to disqualify a particular judge in every felony case without exception.

It is more unusual that Blaine’s prosecutor sought out other prosecutors in the 5th Judicial District to lay out his reasons for the blanket disqualification—but refuses to explain to the public why the judge should not be allowed to do his job.

The fact that Twin Falls County Prosecutor Grant Loebs joined Thomas in disqualifying Judge Elgee from felony cases cries out for an explanation.

Thomas refuses to discuss the matter in public beyond saying that he won’t discuss it in order to protect the judicial system from undue criticism.

Loebs also refuses to discuss his reasons in public and rightly points out that the automatic disqualification rule says prosecutors don’t have to.

Judge Elgee says he is prohibited by judicial ethical canons from discussing it.

The Idaho Supreme Court says only that it will not suspend the rule allowing automatic disqualification in the 5th District—despite the fact that other states have outlawed the practice because of the potential for prosecutors and law firms to “punish” judges that consistently rule against them.

All of the zipped lips leave the public in the dark about how 5th District Court is operating—and that’s not right.

The public deserves an explanation. After all, it’s the public that employs both the prosecutors and the judge—all elected officials—who are at odds.

Why do the prosecutors believe the judge should be disqualified from hearing all felony cases—not just some?

On what matter of law do the prosecutors and judge disagree so mightily as to justify blanket disqualification? Is it a matter of law that needs clarification by the courts or by the Idaho Legislature?

How do the prosecutors justify the increased costs of travel to bring outside judges in to replace Judge Elgee in felony cases?

Why and how did this judicial warfare begin and why did it boil out of Blaine County and into Twin Falls County?

If these questions are left unanswered, the public can only surmise what may be going on—and wild guesses are usually more harmful than the truth.

Editorial from the Idaho Mountain Express

From the Idaho Statesman

Advocates say the bill’s requirements are easy for officials to interpret.
BY KATHLEEN KRELLER – kkreller@idahostatesman.com
Published: 04/02/09

Idaho’s open meetings law just got a little tougher under Senate Bill 1142, which passed the House on a 59-10 vote on Wednesday and now goes to Gov. Butch Otter.

Under the bill, boards, councils and commissions could face fines of $50 if they make a simple mistake and close a meeting or alter an agenda without proper action. They could correct a mistake afterward to avoid the fine.

An elected official now must “knowingly” violate the Open Meeting Law to face civil penalties – a high legal hurdle. The bill eliminates the requirement that the first offense to be a “knowing” violation but lowers the fine, currently $150. It raises the fine for subsequent offenses to $500 from $300 for officials shown to be “knowing” violators.

A 2007 Idaho Supreme Court ruling that the Ada County Commission had not “knowingly” violated open meeting rules when they gathered behind closed doors to discuss a proposed housing project spurred open government groups to change the law.

“What we are doing is adding to protections,” said Rep. Lynn Luker, R-Boise.

Advocates also say the bill puts its requirements in clear, laymen’s terms for small boards and commissions that can’t afford attorneys to interpret the law.

Opponents, like Rep. Judy Boyle, R-Midvale, argued that a provision in the bill allows public commissions and boards to make last minute changes to agendas, which doesn’t serve the public.

“I think the press needs to be wherever they want to be when they want to be, except in our caucus,” said Rep. Lenore Hardy Barrett, R-Challis. “If they want to follow me home after the meeting and check on the color of my pajamas, I’m fine with that. … Our concern is our county commissioners post the agenda on the courthouse door.”

Kathleen Kreller; 377-6418

From the Idaho Statesman

From the Idaho Statesman

Eight years after opening party caucuses, Democrats meet privately on fuel taxes.
BY DAN POPKEY – dpopkey@idahostatesman.com
Published: 04/01/09

A Statesman reporter was denied entry to the brief closed caucus held Tuesday, but Caucus Chairman Bill Killen later apologized and said the party’s open-door policy has not changed.

Killen, D-Boise, said he was unaware of the reporter’s request to observe the caucus. “I’m sorry you got locked out,” Killen told the reporter. “For what it’s worth, the vote was to stick to the caucus position.”

Democrats asked for a five-minute recess just before the House was to vote on an amendment to increase the fuel tax by 4 cents a gallon, up from 2 cents in the original bill. The 18 Democrats entered a room just off the floor and closed the door.

Upon a knock by the reporter, Rep. Phylis King, D-Boise, opened the door and was asked, “Is this caucus open?”

“No,” replied King, shutting the door. The meeting broke up within minutes and Democrats returned to the floor to reaffirm their opposition to fuel-tax increases.

Just three of 18 Democrats supported the 4-cent increase, which was widely defeated. Democrats oppose GOP Gov. Butch Otter’s fuel-tax increase proposals because of the recession and their objection to raising transportation taxes while schools are suffering budget cuts.

In 2001, as majority Republicans were under fire for closed caucus meetings, Democrats opened their doors. Typically, party caucuses are announced on the floor and held during more extended recesses.

Dan Popkey: 377-6438

From the Idaho Statesman

From the Twin Falls Times-News

Measure would make language ‘cleaner’ while strengthening safeguards against violations

By Jared S. Hopkins
Times-News writer

BOISE – Idaho’s open-meeting law would be revised for the first time in 17 years, under a measure backed by Idaho Secretary of State Ben Ysursa, Attorney General Lawrence Wasden and media groups.

Supporters said the bill will make the 35-year-old law clearer for public officials to understand while strengthening the safeguards against violations. It passed the Senate unanimously last week and is expected to receive a hearing soon in the House State Affairs Committee.

“The public’s business should be conducted in public,” Secretary of State Ben Ysursa told lawmakers in a committee hearing.

Due to the size of Idaho and its scattered population, lawyers for the hundreds of governmental agencies vary in their familiarity with the law, said Deputy Attorney General Bill van Tagen. For example, the clarity needed in small sewer districts or recreational districts might differ from issues in bigger areas like counties or even on the state level like the Public Utilities Commission.

“We try to make things as clear as we can,” said van Tagen. “You need to come up with something to provide balance for all of them.”

Among the provisions:

• Fines up to $50 to governmental bodies who violate the law, regardless of intent.

• A civil penalty of as much as $500 against public bodies who knowingly violate the law.

• As much as $500 civil penalty for those who violate the law twice within 12 months.

• Instances where public officials go into executive sessions – closed door meetings – must be cited in meeting minutes. It would also require a governmental agency to list the specific reason for entering the executive session – currently agencies may list only a general description.

The measure has generally been well-received in the Legislature.

“All the Sunshine laws I’m positive on,” said Sen. Chuck Coiner, R-Twin Falls. “We needed the clarification.”

Rep. Bert Stevenson, R-Rupert, the only Magic Valley lawmaker who sits on the State Affairs Committee, said he didn’t know enough about the bill yet to comment on it.

Alleged violations of the law and efforts to better follow it have made headlines in recent months in the Magic Valley.

The city of Twin Falls is currently streaming all council and advisory committee meetings through the city’s Web site, as well as increasing the number of meetings broadcast on the city’s Cable One public-access Channel 17. The City Council has ruled against requests from the golf and the airport advisory commissions, which wanted to keep meeting away from city offices.

Meanwhile the Idaho Attorney General’s Office recently investigated complaints that the Burley City Council had violated the open meeting law by awarding a sewer line bid without proper notice. The AG determined that no violation had occurred. In an unrelated move, Burley Mayor Jon Anderson removed City Councilman Jay Lenkersdorfer from committee assignments, saying he had violated the law by holding committee meetings without proper notice.

Betsy Russell, president of the Idaho Press Club and co-president of the Idahoans for Openness in Government, a statewide nonprofit coalition, said the bill clarifies the law.

Russell filed a complaint last year against the State Board of Education, prompting Wasden to determine the board may have violated the law. However, he said he could not prove the board “knowingly” did so, as required under a Supreme Court interpretation of the law.

“The Idaho Open Meeting law is broken because of a 2007 Idaho Supreme Court decision that made it almost impossible to enforce,” said Russell, who is a newspaper reporter for the Spokesman-Review. “This bill fixes it.”

From the Twin Falls Times-News

From the Associated Press

BOISE, Idaho (AP) – The Idaho Senate has passed a bill to toughen the state’s open meeting laws.

Boise Republican Sen. Kurt McKenzie said Thursday the bill will be easier to understand and will have punishments that can be enforced. The bill, SB 1142, was approved unanimously. It now goes to the House.

A 2007 Idaho Supreme Court decision hampered enforcement of the law, backers said. Idaho Attorney General Lawrence Wasden proposed the reforms after consulting with media groups, local government interests and others.

Under the bill, if boards including city or county commissions simply err and hold an illegal closed meeting they face a fine of $50. Still, they would be allowed to mend mistakes. In more egregious violations where boards flout the limits, however, fines could run to $500.

Among those endorsing the bill are Idahoans for Openness in Government, the Idaho Association of Counties, the Association of Idaho Cities, the League of Women Voters and Idaho Secretary of State Ben Ysursa.

From the Associated Press

From the Idaho Press-Tribune

Wednesday, March 18, 2009 – 11:00 am

This is Sunshine Week across America. It began in 2002 as an effort by the Florida Society of Newspaper Editors to draw attention to state legislators’ attempts to create exemptions to Florida’s public records law.

It’s really great to see local government providing so much easily accessible light on records these days. Nampa city and now Canyon County are opening up their financial records to the Idaho Freedom Foundation and the public. Read the details here.

I also want to thank Canyon County’s commissioners for taping the meetings now. We editorialized on it earlier this month after new Commissioner Kathy Alder suggested it, and the commissioners instantly made it happen!

The Idaho Legislature can make a huge difference in the Open Meetings Law this session as well. Boise Weekly News Editor Nathaniel Hoffman gives a super report on the proposed changes here.

The revisions, supported by the Idaho Attorney General’s Office as well as the Idaho Press Club — and the Idaho Press-Tribune — have been in the works for three years.

Here’s the bill.

Here’s the statement of purpose: This legislation proposes changes to the states Open Meeting Law. The legislation would amend four sections of the Open Meeting Law. It addresses how notice is given to the public by public agencies that are subject to the Open Meeting Law, as well as how amendments to meeting agendas are to be made. The legislation also covers the subject of minutes pertaining to executive sessions and discusses the manner and method for a governing body of a public agency to go into executive session. The bill provides that an executive session is an exception to the states Open Meeting Law and, as an exception, is to be narrowly construed. Finally, the bill addresses violations to the Open Meeting Law, modifying penalty provisions found in Idaho Code 672347. This legislation provides a provision for governing bodies of public agencies to cure violations of the Open Law by following steps set forth in a new subsection (7) to Idaho Code 672347.

This would be a super — and much needed — enhancement to the current law. It needs to pass — unanimiously.

From the Idaho Press-Tribune

From the Idaho Statesman

By Kevin Richert
Idaho Statesman
03/18/2009

Not all is cloudy on the Sunshine Week front.

Earlier this week, I wrote about Idaho’s lackluster efforts in making public records available online. I researched the issue on behalf of Sunshine Week, a national organization that spotlights the value of public access to government records. Idaho wound up tied for No. 40 in a national ranking of online records access.

Now to a double serving of good news from Monday’s Senate State Affairs Committee meeting. The committee introduced a bill that would require elected officials to file financial disclosure reports, and approved a bill to put some teeth into the open meetings law.

Idaho, a state that prides itself on a citizen’s Legislature, is also one of just three states that doesn’t require lawmakers to disclose who they work for, or where they have business interests. It’s a fundamental disconnect. Senate Majority Leader Bart Davis, R-Idaho Falls, and Senate Minority Leader Kate Kelly, D-Boise, have collaborated on a bill to fix it.

Kelly has been pushing this idea for years, but has run into resistance in the Republican-controlled Legislature. That’s why it’s encouraging to see Davis on board, along with Senate leadership from both parties. With the backing of the Senate’s most influential players, this idea has more momentum than ever.

Why, one of these days these reports might be public record, and easily accessed online. We can only hope.

Attorney General Lawrence Wasden’s office has taken the lead on the open meetings bill.

The most important part of this bill tightens up a gaping loophole in the law, as the state Supreme Court has interpreted it. An elected official now must “knowingly” violate the Open Meeting Law in order to face any civil penalties — a legal hurdle that is all but impossible to prove.

The rewrite revamps the penalties.

A first-time violation, willful or inadvertent, can result in a civil penalty of up to $50. The law now sets the fine at $150.

Repeat offenders — or any officials found to “knowingly” flout the law — can face a $500 civil penalty. The law now calls for a $300 fine for a repeat violation.

This change makes the law more enforceable, especially for first-time offenders who could now plead ignorance of the law. It encourages elected officials to understand their legal obligations to conduct the public’s business in public view. That’s in everyone’s interest.

Granted, media groups have been active on this issue. And, by way of full disclosure, I am vice president of the Idaho Press Club, one of the groups working on this bill. The club supports this rewrite.

But open government serves the citizenry, not just the media. That is the underlying message of Sunshine Week. And it’s why, for anyone who cares about transparent government, Monday was a very promising day in the Senate State Affairs Committee.

From the Idaho Statesman

Editorial from the Idaho Statesman

By Kevin Richert
Idaho Statesman
March 16, 2009

We’re No. 40. When it comes to online access to public records, we could do better.

For Sunshine Week — an annual celebration of the importance of public records — I was handed an intriguing homework assignment. I was told to look for 20 public documents on Idaho¹s Web site, everything from comparable school test scores to a searchable database of state purchases.

I found eight out 20, which puts Idaho in a tie for 40th. Texas headed the list, scoring 20 out of 20. Mississippi came in dead last, with only four documents out of 20.

Here’s the key sentence from the Sunshine Week assignment: “Our goal is to demonstrate not just whether information is posted, but also how easy — or difficult — it is for the average person to find these records on state government sites.”

I tried to follow that instruction to the letter. Rather than calling contacts at the agencies to ask if the information was online, I wanted to see if I could find it readily through a simple search. If I could, I figured any reasonably Internet-savvy person could do likewise.

Some answers were easy. I knew from experience that the Secretary of State’s Office is great about posting up-to-date campaign finance reports — which are easily found on the office’s election page. I also knew Idaho is one of only three states that doesn’t require legislators to file financial disclosure reports, so there was no point trying to find them on the Net.

What I found — behind our low ranking — was a state that could significantly better, without a lot of extra effort.

* The Idaho Transportation Department does a good job of posting links to its construction projects, but doesn’t link to the contracts. The ITD has a Web page for its bridge division, which conducts biennial inspections. The inspection reports, however, are nowhere to be found.

* The state’s district health departments offer timely inspection reports for day-care centers and restaurants. The catch is, you have to remember to go to the districts, rather than going to the Department of Health and Welfare. If you’re looking for hospital and nursing home inspections, good luck. I couldn’t find them.

* The Board of Medicine has a nice search option that allows patients to review a doctor’s license status. A newsletter lists disciplinary actions but, unfortunately, this hasn’t been updated since last spring.

The state ought to do better. And not just to stay ahead of Mississippi. Easy online access to records helps people make better consumer decisions, and provides taxpayers with a better sense of how their government functions.

Editorial from the Idaho Statesman

LEAGUE OF WOMEN VOTERS TREASURE VALLEY
IDAHOANS FOR OPENNESS IN GOVERNMENT

FOR IMMEDIATE RELEASE Contact: Kip Winter

Date: March 12, 2009 208/794-7688

Shine Light on Openness in Government

On his first day in office, President Barack Obama directed his Administration to develop
recommendations for an “Open Government Directive” that moves government towards being
“transparent,” “participatory” and “collaborative.”

To bring this message home and look for ways that local and state government can also become more collaborative, the League of Women Voters Treasure Valley and Idahoans for Openness in Government will hold a public meeting on March 20 from 11 a.m. to 12:30 p.m. at the Star City Hall Council Chambers, 10769 West State Street, Star.

The meeting is a nationwide webcast broadcast by OpenTheGovernment.org. It is part of national Sunshine Week March 15-2l. The webcast allows citizens to participate in the crafting of the President’s “Open Government Directive.” Sunshine Week is a national initiative that brings together print, broadcast and online news media, civic groups, libraries, non-profits, schools and others interested in the public’s right to know.

During the webcast, individuals who are intimately involved in formulating the Administration’s policies and agendas will explain the initiative’s goals, receive feedback by phone and email from the audience, and let members of the public know how they can continue to participate in the discussion.

Whether it is to track how federal stimulus dollars are being spent or to attend a local government meeting where land use decisions are being made, “Sunshine Laws” afford us access and create government transparency.

Because of the increasing need for public access to governmental decisions and policies, the members of the League of Women Voters Treasure Valley and the Idahoans for Openness in Government will continue working for the community in monitoring the use of these Laws.

League of Women Voters is a nonpartisan group that studies public issues and works to enact them into law. League never supports a political party or a political candidate.

Idahoans for Openness in Government, or IDOG, is a broad-based, non-profit coalition for open government. Like similar coalitions in more than 40 other states, IDOG’s mission is to promote open government and freedom of information.

Sincerely,

Kip Winter, President, League of Women Voters Treasure Valley

Betsy Russell, President, Idahoans for Openness in Government