[Vision2020] (no subject)

[Saundra Lund]

Thanks, Sue, for commenting.

 

I have been mulling over the Open Meeting Law specifics, spirit, and intent
for many days now, and I think perhaps this might be the right time to toss
out some thoughts.

 

With respect to (e), I just don't see how that can apply:  the facts as I
see them is that there was no competition, real or imagined, with other
governing bodies because no other governing body was willing or able to
provide water (or sewer) service to Hawkins.

 

Reliance on (e), therefore, seems to me to fail to meet either the spirit or
the intent of a valid exception to Open Meeting Law.

 

I find any reliance on (f) to be equally unsupportable, especially with
respect to sewer services.  The City of Moscow's appeal of the transfer of
water rights to Hawkins had nothing whatsoever to do with sewer services, so
clearly any discussion of sewer services fails to meet the "pending
litigation" exception.

 

Was Hawkins "imminently likely" to sue the City of Moscow for sewer
service???  I haven't been able to find anything in the public record I've
been able to find indicating that - has anyone else?

 

It seems to me any such lawsuit would be laughable because as an
out-of-state business venture, Hawkins has no right to our sewer services.
And, quite frankly, if Hawkins were to sue the City for sewer service, I can
think of no better time for the City to stand up and defend the municipal
services paid for by Moscow taxpayers from being raided by a developer which
freely chose to purchase land in another state.

 

Now that some time has passed, I've been hoping for some explanation from
the City that might clarify the things.  While I don't like it one bit, it
seems to me a reasonable (if objectionable) case may be able to be made for
the confidential water negotiations.  I am, however, unable to see how any
case can be made for violating Open Meeting Law by secretly negotiating for
sewer services.  But, I'm no lawyer, so perhaps there's something obvious
I'm missing.

 

Perhaps an explanation from our elected officials is still forthcoming.  I
hope so.

 

In the meantime, Mr. Harkins, since you seem to think both (e) and (f)
justify exceptions to the Open Meeting Law with respect to the Hawkins
settlement agreement, perhaps you'd care to share how you envision the sewer
services negotiations as meeting the exception criteria.

 

 

 

Saundra Lund

Moscow, ID

 

The only thing necessary for the triumph of evil is for good people to do
nothing.

~ Edmund Burke

 

***** Original material contained herein is Copyright 2008 through life plus
70 years, Saundra Lund.  Do not copy, forward, excerpt, or reproduce outside
the Vision 2020 forum without the express written permission of the
author.*****

 

From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Sue Hovey
Sent: Thursday, February 14, 2008 1:15 PM
To: vision2020 at moscow.com; Jeff Harkins
Subject: Re: [Vision2020] (no subject)

 

Well e involves competition with other public bodies and f involves imminant
litigation, so how do those fit?  Certainly none of the other options do,
but even so, looks like a stretch to me.

 

Sue H

 

 

----- Original Message ----- 

From: Jeff Harkins <mailto:jeffh at moscow.com>  

To: vision2020 at moscow.com 

Sent: Wednesday, February 13, 2008 7:13 PM

Subject: [Vision2020] (no subject)

 

To those interested, it would appear that items e and f of the state statute
for executive sessions would be applicable.



(e)  To consider preliminary negotiations involving matters of 

trade or commerce in which the governing body is in competition with 

governing bodies in other states or nations;

(f)  To communicate with legal counsel for the public agency to 

discuss the legal ramifications of and legal options for pending 

litigation, or controversies not yet being litigated but imminently likely
to be

litigated. The mere presence of legal counsel at an executive 

session does not satisfy this requirement;

  _____  

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