MY TURN: When leaders don't obey laws

www.Merriam-webster.com/dictionary defines anarchy as “lawlessness or political disorder due to the absence of governmental authority.”  

Community Library Network Chair Rachelle Ottosen and Vice Chair Tom Hanley are flirting with anarchy when they let attorney Colton Boyles avoid verbalizing legal advice. Boyles is risking anarchy when he shirks his ethical obligations to his client.

Ottosen and Hanley too often don’t abide by the law. Boyles evades upholding the law. Because the rule of law is what separates chaos from anarchy, this situation must be challenged.

Two Idaho statutes are foundational for elected officials and counsel: the Ethics in Government Act, requiring public officials’ honesty and impartiality, and the Open Meeting Law, requiring that public business be conducted in public.  

Library Director Alexa Eccles is scrupulously attentive to legal matters. Her diligence is high as she negotiates with underwriters, reviews contractor bids, accepts donations and considers staff and patron safety while planning repairs to the Athol and Post Falls libraries.  

But too often, Ms. Eccles also has to monitor and safeguard the board’s legal actions. Why? Because attorney Boyles does not reliably do it.  

Ottosen, Hanley and trustee Tim Plass actively try to circumvent the law. Ottosen and Plass have tried to remove Director Eccles’ remarks from meeting minutes. They want to redact some of their own comments from the public record.  

Along with Hanley, the three push to change insurance vendors even as they refuse to have Boyles design an impartial, transparent selection process.  

For months, Plass has said the public has no right to know Boyles’ advice to CLN. Plass wants legal discussions to occur only in executive session (unlawful except in a few instances) or given in writing without being available to the public (which violates multiple laws).

Director Eccles and trustees Vanessa Robinson and Katie Blank object to the secrecy. They regularly prod the attorney to voice his guidance. A trained paralegal, Ms. Robinson’s questions help Boyles convey his thoughts more explicitly when he does speak.  

Boyles remained silent when Ottosen ordered the director not to put legal matters on meeting agendas without her approval. Later, Ottosen decreed the director could not request any legal work without pre-approval by the board majority. Boyles cautioned against Ottosen’s directives only after Ms. Eccles said if he did not, he would be guilty of negligence.   

Now, Boyles has begun interacting mostly with Ottosen, Hanley and Plass. This is highly unethical: the Community Library Network is represented by the full board and the director. Idaho law binds them as a group, and directs them to make decisions as a group, in public.   

After evidence the board majority had been making private decisions illegally, Ms. Blank and Ms. Robinson insisted the board meet specifically to review Open Meeting Law requirements. That was scheduled for March 28 and Boyles agreed to participate. Vice Chair Hanley ran the meeting.  

Hanley stunned everyone when he announced he had instructed Boyles not to attend. Could there be a more obvious signal of Hanley’s contempt for the law?  

And just how qualified for legal work is Boyles when he allows himself to be used in Hanley’s power game? Idaho Code 3-201 (1) directs attorneys to support Idaho’s laws and 3-201 (4) requires attorneys to be truthful.  

Trustees should hold Mr. Boyles accountable or seek more articulate and capable counsel. Despite his passivity, Boyles has billed more than $35,000 the first six months of this fiscal year. CLN’s full year legal budget is $47,000.

CLN officers are elected in June.

Current officers Ottosen and Hanley have incompetently led CLN for 10 months. Both have taken lawless actions and they’ve allowed Plass to oppose legal compliance. During an unprecedented property damage crisis, Ottosen has limited time on library business but inserted culture war items into meeting agendas.  

Ottosen, Hanley and Plass have so often expressed their bias in favor of one vendor that it’s critically important that CLN applies a transparent selection process with objective criteria, so any final insurance decision is legally sound.  

Community leaders and library users, please contact trustees. Tell them you expect everyone, including their attorney, to follow Idaho law. https://communitylibrary.net/board/#board-contact

Voters casting May primary ballots, please factor into your choices the devastation some “rated and vetted” officials have brought us. Candidates of integrity are willing to serve again.  

Let’s return ethical, legally responsible leaders to public offices everywhere. We must prevent our community from falling into further anarchy.

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Pat Raffee began observing North Idaho governments in 1992.