Bonner County Citizens State Their Case Attorney Accuses Commissioners Of Violating Open Meeting Law
Two Bonner County commissioners who voted to abolish the building department purposely hid the controversial item on their agenda, refused public comment and violated the Open Meeting Law, attorney Scott Reed told a judge Friday.
Larry Allen and Bud Mueller, both Republicans, axed county building codes and the entire building department Jan. 15, two days after they were sworn in as commissioners. A band of residents, calling themselves the Coalition for Responsible Government, opposed the move.
They hired Reed and filed a lawsuit against the county and commissioners saying the department was banned at an illegal meeting. The case was heard in 1st District Court Friday and Judge James Michaud expects to make a ruling next week.
During the court hearing, Reed said it was clear the two commissioners plotted before-hand to abolish the department. Then without properly informing the public, railroaded their idea through at an illegal meeting.
“This was an already fixed and done deal.” Reed said. “The public was not heard or informed and the Open Meeting Law was not followed.”
The agenda for the meeting listed “revision of title 11 BCRC,” which was the item to abolish the building department.
“No one would know from that what it was,” Reed said. “You cannot look at that and call it notice to the public as to what is happening.” He contended the county also violated its land-use planning act. It requires the public be notified 15 days in advance of any changes to land use; the commissioners’ meeting was posted approximately 48 hours in advance.
County Attorney John Topp said the commissioners did nothing wrong. The commissioners didn’t have to abide by the land-use planning act. The county never held the required public hearings to adopt the act, so it is void, Topp said. “That’s a very curious argument,” the judge said. “It’s a little like two wrongs make a right.”
Reed focused on how the meeting was conducted, saying it points to commissioners having decided the issue in secret before putting it on their agenda.
At the meeting, commissioner Allen read a “position paper” he prepared about why the building department wasn’t needed. He then presented a new law he wrote - and the county attorney had reviewed - to eliminate the department. Even though dozens of people at the meeting wanted to talk about the proposal, Mueller cut off comments after listening to just two residents.
Mueller didn’t discuss the proposal, but seconded Allen’s motion and the building department was voted out.
“There was no deliberation. Mr. Mueller said not one word about the issue,” Reed said. “It doesn’t matter where these guys cooked this up, it was a done deal and they didn’t follow the process.”
Commissioner Dale Van Stone voted against eliminating the department. He was not privy to any of the information before the meeting and has accused his fellow board members of acting illegally.
The meeting was not a public hearing and residents didn’t have the right to comment, Topp countered. Some residents were verbally abusive and that is why no more comments were heard.
“This was an open meeting that was properly agendized,” Topp said. “Allegations this was a preconceived plan to dupe the public is speculation and innuendo.”
Judge Michaud seemed puzzled by Topp’s reasoning. He noted Mueller invited comments, then summarily cut them off, that Allen had documents already prepared, there was no deliberation and only two commissioners knew about the proposal.
“Those items sort of create an inference a decision had been made beforehand,” Michaud said.
If the judge rules the building department was dismantled illegally, it will have to be reinstated. The county also is facing two other lawsuits from the closure of the department, including one from eight employees who lost their jobs.
, DataTimes