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From the
August 3
minutes of the Moyie Springs City Council
meeting: "Sandy
told the council that Mike Weland has requested
the city put their minutes on his website.
If the city did so, Mike could publish
the minutes verbatim or his own interpretation
of what happened at the meeting.
Mayor Evans recommended the council say
no – if Mike wants the minutes he can come and
get them because he has access to public
records.
A motion to that effect was made by Steve
Economu and seconded by Chad Farrens.
Motion carried." To read how this
situation blew up, and to understand how it's
been resolved,
click here. Nothing on this page
has been edited or amended.
FROM:
Dan Featherston
TO:
Mike Weland
Your recent comments
regarding the Moyie Springs City Clerk’s
handling of a citizen’s request for
public records has come to my attention.
We must try to understand that the
citizen’s frustration may have colored her
interpretation of the Clerk’s response
and, of course, the converse may also be
true. People whose job is to be the face of an
organization have good days and some bad days,
often due to events unrelated to their job.
The patience of even the best public
servant can be worn thin by the citizens.
I think we should give both the citizen
and the Clerk the benefit of the doubt.
The Clerk has acknowledged
that she recognizes the PUBLIC WRITING
law, I.C. Chapter 3 of Title 9, has again been
changed by the Legislature.
Changes have been made as recently as
April 07, 2011.
Responding to public
records requests is only one of the many duties
the Clerk of a Public Entity has to deal with,
and it is understandable that unintentional
mistakes will happen.
In the present situation, rather than
engage in public criticism, the most courteous
and effective thing to have done would have been
to inform the Clerk that you or the citizen
believe the Legislature has recently changed the
law, and ask them to please check.
My 40 plus years of dealing
with many public officials throughout the State
leads me to believe that they want to serve the
public to the best of their ability and that
they are happy to make the procedural
adjustments necessary to keep up with the
changes in the requirements of the law.
I have yet to meet any
appointed public servant in Idaho who will not
do everything
in their power to help you when
approached with courtesy and deference.
Even public servants with an air of
gruffness, when so approached, will do
everything in their power to accommodate your
request and may be more accommodating because of
their confidence in their own strong
personality.
However, the same public servant will
resist threats and demands which are perceived
as bullying.
The Moyie Springs City
Clerk has recognized the change in the law, and
has made the necessary procedural changes to be
in compliance.
She is not reluctant to acknowledge her
error, and take immediate action to correct it,
and has done so in this case.
If she is unsure of a legal matter, she
is very good about calling me for advice.
Sincerely yours,
FEATHERSTON LAW
FIRM, CHTD.,
DANIEL P.
FEATHERSTON
Attorney at Law for
City of Moyie Springs
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