Special meeting goes nowhere

POST FALLS — A special meeting with a focus on Idaho's open meeting law didn't go as planned Thursday when the Community Library Network's legal counsel was not at the meeting to provide legal advice.

The meeting was called by Trustees Vanessa Robinson and Katie Blank, who expected to review the law and any violations the board may have committed with attorney Colton Boyles. However, Vice Chair Tom Hanley, acting as chair until Rachelle Ottosen arrived an hour into the meeting, said he called Boyles and told him he didn't need to attend the meeting because the agenda had no action items on it.

"I literally feel faint right now," Robinson said. "I am in disbelief he was told not to come. He is at every meeting and he either does not take initiative to speak up or he's told not to speak.

"Now, when clearly we were having a meeting about open meeting laws — laws — and the attorney isn't here and was told not to be here?" she continued. "I am beside myself and literally feel faint."

Library Director Alexa Eccles said this was the first time these two trustees have called a meeting and also the first time legal counsel was uninvited. She recommended a brief recess so she could contact Boyles and invite him back via video conference, but the recess did not take place.

"When you're discussing training of the law, the most appropriate person would be legal counsel," Eccles said. "When this board first began in June of last year, the very first topic was training by legal counsel. We have been clear that we provide this board training by legal counsel when it comes to interpretation of the law. It is not appropriate for me to interpret the law, it is not appropriate for any of us to interpret the law except for legal counsel on behalf of the public."

Robinson asked who was running the meeting, to which Hanley said he was.

"Are you qualified to take us through this book?" Robinson said. "I can't believe that (Boyles) is not here."

Hanley said the agenda did not include who was providing the training.

"That's the answer I have," he said.

Trustee Tim Plass said he agreed the attorney did not have to be present and is only needed when the board takes action.

"If we're doing something that's illegal, something that is clearly going to get us in trouble, that is why he's here, to tell us not to take that action or go to executive session or postpone," Plass said. "I don't see the need for him to be here, especially when no one asked him to give the instructions."

Blank said she did ask Boyles to be present at this meeting.

At the end of the March 21 meeting, Blank and Robinson requested a special meeting because they could not get a third trustee to discuss Idaho's open meeting law during that meeting.

The board received correspondence from former board member Regina McCrea that was added to the draft minutes of that meeting. When Blank began to share her concerns regarding the letter, Hanley banged his gavel several times and told her she was out of order for discussing the contents of the letter.

Also added to the March 21 draft minutes was an email of concerns Blank sent to Ottosen regarding meeting agendas.

McCrea wrote to the board in a March 18 correspondence that although trustees tell the public items will only be added to agendas via consensus, it was obvious to her trustees have "resorted to acting in secret and have begun putting items on agendas without ever talking about them before at any meeting." She also pointed out what she described as flagrant violations of Idaho's open meeting law.

"Returning then to the March 6, 2024, meeting, there can be but one conclusion — Trustees Hanley and Plass decided amongst themselves what they wanted to have happen and then brought in Board Chair Ottosen to carry out their directives by issuing notice and an agenda for a special meeting," McCrea wrote. "This maneuvering is illegal. The proper course that a public agency must follow is to discuss agenda topics in an open meeting."

She wrote it would significantly aid CLN if trustees could engage in a discussion with their legal counsel regarding the contents of her email, rectify any breaches of law and undergo further training concerning compliance with open meeting regulations.

The next regular meeting of the CLN board will be from 2 to 5:30 p.m. April 18 at the Hayden Library.