"If it ain't broke don't fix it"

Merits and faults of the Kootenai County regime were on display Wednesday night as the Optional Forms of Government Study Commission dug deeper into its investigation. 

Since concluding data collection last month, the nine-member study commission has developed a set of preliminary changes to the Kootenai County governing structure. 

On Nov. 3, the OFGSC narrowly approved a proposal to increase the number of county commissioners and add a commission-manager in a 5-4 vote. Both additions are permitted under Idaho Code 31-5001. 

As part of the final recommendation, the OFGSC identified the pros and cons of implementing change during the Wednesday meeting. Most of the discussion focused on comparisons between a three-member board of county commissioners (BOCC) and the proposed five-member board. 

Based on study commissioner responses, these were some of the benefits of keeping the Kootenai County government unchanged:

• Easier access to the BOCC

• Less opportunity for BOCC overreach  

• Voter accountability 

• Familiarity

• Cost

In short, as alternate OFGSC member Cheri Zao put it:

"If it ain't broke don't fix it." 

Based on her legible handwriting, Zao volunteered to write down the strengths and weaknesses submitted by study commissioners. Later in the evening, OFGSC member Tamara Bateson asked an attendee if Zao, an alternate, was violating the statute by participating.

On Oct. 27, the study commission requested a legal opinion from county counsel on whether the alternates could contribute to recommendation deliberations. Per I.C. 31-5101, the OFGSC cannot have more than nine members, making the alternates a statutory liability. 

To affirm the ruling, OFGSC Chair Dave Botting proposed a bylaw change to remove the three alternates — Zao, Bruce Mattare and Joan Genter — from participating in deliberations. The motion passed, but several members abstained from the vote because it felt "unnecessary."

"Are we violating the legal ruling?" Bateson said. "It's an alternate who participated, and according to your bylaw, alternates are not allowed to participate." 

Botting quickly rebuked the concern, stating no member had volunteered as secretary but jokingly said the commission could "start all over" and have Bateson "write it all up." 

"I'm just saying are we violating the legal ruling that came to us," Bateson replied. "That's all I'm asking. It's not against Cheri, and I don't need an attitude from you (Botting)."

Still, Botting assured the group that it would not be an issue. When OFGSC member Kristen Wing asked why this issue would come up after already finishing the write-up, Botting insinuated that: "we just wanted to be disruptive." 

"It is a good definition of what you did," Botting said.

Bateson disagreed with his account. 

"I'm making sure we're OK," she said. "This was not to be disruptive, do not put words in my mouth." 

OFGSC members Bryant Bushling and Brian Cleary, both attorneys, weighed in that because Zao was only transcribing rather than "interpreting," it wouldn't be any problem.  

"I did think about this at the beginning of the meeting and reconciled it in my mind and said to hell with it, it's fine," said Cleary, OFGSC Vice Chair. "So if that's the legal opinion you want to rely on, go for it." 

Other strengths and weaknesses identified by the OFGSC regarding the current and alternate form were, respectively:

Current weaknesses:

• Prevalence of administrative duties allow for less strategic planning

• Lack of management expertise and coordination among offices

• The direction of the BOCC can change from election to election 

• Limited BOCC perspectives and increased partisanship 

• BOCC unable to collaborate outside of public meetings 

Alternate strengths:

• More minor administrative duties allow for more strategic planning

• Part-time BOCC could save costs

• Increased representation by and access to the BOCC

• Commission-manager could bring expertise, communication, and help with policy and budget setting

• A five-member BOCC would allow for subcommittees and collaborative work 

Alternate weaknesses:

• The change could disrupt operations

• "Only as good as your manager is qualified"

• A manager could enforce their agenda and lacks accountability to voters

• Possible Open Meeting Law violations 

• Conflicts of interest 

Documentation of OFGSC comments is available online at www.kcgov.us/970/Optional-Forms-of-Government-Study-Commi.

OFGSC members will not meet on Nov. 24, Dec. 22 and Dec. 29 for the holidays. They estimate that sometime in 2022, they'll host a public meeting to discuss a final recommendation before putting together a final draft.  

The OFGSC's final recommendations will go to commissioners. If the document recommends changes, it will then go before county voters.