Timberlake commissioners cleared

ATHOL - Two Timberlake Fire commissioners accused by a fellow board member of violating open meeting laws have been cleared of the allegation by Kootenai County's prosecuting attorney.

Commissioner Jon Guinn alleged that commissioners David "Rudy" Rudebaugh and Marty Fish violated open meeting laws in July when they discussed budget and vehicle status matters.

But Barry McHugh ruled there were no violations because only two commissioners were present and three are necessary to make a quorum. In addition, there was no agenda, no minutes were taken, only individual reference notes and no motions or actions were taken.

"This was not a public meeting," McHugh wrote in his decision. "It was for the benefit of two TFPD commissioners to become more educated to better address future budget concerns.

"Idaho law and cases I reviewed do not prohibit commissioners from conducting fact-finding meetings with less than a quorum present. To do so would reduce their ability to fulfill required responsibilities."

Rudebaugh said he wasn't worried about the complaint.

"I knew I had not violated any state statue or law in the performance of my duties to be an effective, educated and responsible commissioner for the citizens who elected me," he said.

Rudebaugh said he's troubled that the case was a waste of taxpayer dollars and that it, along with other actions, have gotten in the way of bigger issues and caused a divisive board.

Guinn said he questions how thorough the investigation was because he can't find anyone who was interviewed.

"Just because there was not sufficient proof that someone committed a wrongdoing, does not mean they didn't do it," Guinn said, adding that he believes the meeting was more than a fact-finding mission.

The complaint is just one issue that has rocked the district, which covers Athol, Bayview and Chilco, in the past several months.

Bayview residents Dennis and Sue Damon said they have turned 477 signatures in to elections offices in Kootenai and Bonner counties in their quest to recall Rudebaugh and Fish. The couple needed 354 signatures to reach the next step in the recall process and had until Sept. 27 to do so.

The signatures have been certified in Bonner County and Kootenai County is in the process.

If the names are certified in Kootenai County, the commissioners will have five days to resign after notification if they decide to do so. If not, the issue will go to district voters on Nov. 2.

"We have done our part," Dennis Damon said. "Now it's up to Rudebaugh, Fish and the voters of this district."

Some district residents, including the Damons, disagree with the decisions and how they were made this summer to fire former Chief Jack Krill and hire Northern Lakes Fire to the south to oversee the day-to-day operations of the district.

Meanwhile, the Timberlake board itself is far from settled.

After Krill's contract was not renewed, Commissioner Chris Wiese resigned. Chuck Hansen was recently appointed to replace Wiese, but his board member status is in limbo since he's not a registered voter in Kootenai County.

Another commissioner, Kirk Quillin, has requested that Barney Phillips, Quillin's alternate, take over for him due to the workload of his job. Quillin's seat is up for election in November and Phillips plans to run for it.