Was the Open Meeting Law broken by Rexburg City Council?

Summary

The answer depends on who you talk to. But a special report has just been released.

Story Published: Mar 17, 2010 at 4:44 PM MDT

Story Updated: Mar 17, 2010 at 7:05 PM MDT

Was the Open Meeting Law broken by Rexburg City Council?
REXBURG - A report on whether Rexburg City Council violated Open Meeting Laws has been released. It's about the appointment of Mayor Richard Woodland last fall.

But the answer to this question, Was the Open Meeting Law broken by Rexburg City Council? Is different depending on who you talk to. Especially since all parties involved are "pleased" with the report.

Maria Nate, the woman who filed the complaint, says she's pleased. But so is Mayor Richard Woodland. "I'm excited. I'm glad to have it done and over with. It's proven we didn't violate the Open Meeting Law," said Mayor Richard Woodland.

In special prosecutor Penny North Shaul's report, it states that "The actions taken by the City Council on November 4, 2009 are now de facto valid." Meaning, there's no legal ramifications. But it also says at least four city council members spoke to each other about appointing Woodland to Mayor.

"Do you think the prosecutor's findings were in your favor?" I asked Maria Nate.

"I'm pleased. It was always my contention that they violated the Open Meeting Law by having these serial meetings. In her ruling she stated that they did in fact have serial meetings in an effort to evade a quorum," said Nate.

"In Penny North Shaul's report she says, 'It is my opinion that Rexburg City Council Members displayed a fundamental lack of understanding of the underlying purposes of the Open Meeting Law. What's your reaction to that?" I asked Mayor Woodland.

"That's a falsehood. We understood," said Woodland, referring to understanding the law.

Nate would agree they understood the law, but firmly believes they also knew they were violating it.

"I'm perplexed by the fact that the council members didn't know they were violating the law," said Nate.

The Mayor retorts.

"The 'Spirit of the Law' was not broken. We followed instructions from the attorney general to the T. We knew we had a potentially controversial issue," answered Woodland.

Maria Nate also told me that it was never her intention to oust the mayor or replace him, she just wanted them to admit they spoke about appointing Woodland to mayor outside of a public meeting.

And the issue should be put to rest, at least for now, considering both parties are satisfied with the report.

However, the report it also indicates that Donna Benfield says that Woodland told her he was going to be mayor ahead of time.

Woodland said that was false. Benfield reorts, and says she firmly stands by her statement.

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