Nez Perce County Prosecutor Dan Spickler has charged Lewiston, ID, city clerk Rebecca L. O’Connor with two felony counts of falsifying two city records, the agenda and the minutes of the city’s Emergency Medical Services Advisory Board meeting. An online account of the Associated Press story is in the KLEW-TV website in a story headlined Charges filed against Lewiston city clerk.
Another version of the Associated Press story appeared in the print version of The Spokesman-Review on Sunday, April 6, 2008, on page B2. That story’s headline was “Lewiston’s city clerk faces two felony charges.”
Felony charges? A city clerk’s allegedly diddling with the meeting minutes, tweaking them, massaging them, adding material not discussed in a meeting, or removing material that makes public officials look bad … that’s a felony? It is according to Idaho Code §18-3201. It is when Nez Perce County has a prosecutor who believes in maintaining the integrity of the public record.
Other city clerks and minute-takers throughout Idaho need to pay close attention to this case. Conceivably Lewiston city clerk O’Connor could get 28 years in state prison if convicted on both counts. While that much prison time is highly unlikely if she’s convicted, it still ought to remind city clerks and minute takers that they are obligated under state law to keep “correct” records of meetings. They ought to also be reminded that some Idaho counties have prosecutors who will do their duty and prosecute these types of cases.
Bill, this should help make the case for electronic recording of all minutes, including executive sessions. What honest clerk wants to be put in this dangerous situation. Concerning executive sessions, I hope to have a proposal ready for next session similiar to the one I proposed two sessions ago that will require executive session minutes be recorded and sealed subject to a court order for review following a probable cause filing. As to the Lewiston situation, what’s in it for the clerk to do this? An EMS advisory board appointment to a volunteer is worth all this?
Comment by Gary Ingram — April 10, 2008 @ 3:33 pm
Gary,
Hopefully the clerk’s motives will be revealed either in a plea bargain agreement or at trial.
Recording is a good idea, including recording executive sessions and sealing them. If recording is required, then the legislature needs to amend IC 67-2344 to impose that requirement. I would suggest that the legislature explicitly designate the required recordings as “official government record” so that the provisions of IC 18-3201 would apply to reduce the chances of a custodian doing a Rose Mary Woods routine.
Comment by Bill — April 10, 2008 @ 4:26 pm
My ? is, did anyone ask her to change the minutes? Could her job have been on the line for not doing so? Perhaps a superior could have told her to do so. Maybe a “STAKEHOLDER”. I guess it could happen——anywhere.
Comment by concerned citizen — April 10, 2008 @ 5:21 pm
concerned citizen,
That’s a very good question and quite in line with what Gary was wondering. The unfortunate thing is that good people, honest people, can be co-opted very gradually into doing something they would otherwise not do. It’s like being in quicksand — by the time you realize you’re in it, you can’t get out without help. There are a lot of possibilities explaining why she allegedly changed the agenda and the minutes, but it’s doubtful that her attorney will let her just tell the story. The thing in the story I found most troubling was the part about her trying to down a lot of pills when she was arrested. That tells me she was not ideologically motivated, that she knew what she was doing was wrong, but she didn’t see any rational way out. The transition from being co-opted to corrupted is a gradual one. It’s done that way intentionally by the handler. The objective is to make the agent/victim become totally dependent on the handler, to make her believe there is no possible way out. We have some people here in CdA in that position. They want out but they’re genuinely concerned that no one will believe them or help them. It’s somewhat like being a member of a cult — total dependence on and begrudging loyalty to a “leader.”
Comment by Bill — April 10, 2008 @ 7:41 pm
I question the ethics of Marie Scott, Bonner County Clerk who refuses to accept any electronic corresponsence thus thwarting any attempt by the public to gain access to her office. I faxed her a records request correction via her protocol but have not heard back. I called her office – her staff is ‘mum’s the word’ – no fax received, only Scott can answer and she is out of town. They claim they love their job but will not identify who they are by last name. The prosecuter’s office has no information though the requests, they claim are sent to them first for their review (this information thru another Marie who works for the prosecuter). So I must email Scott again( I’may’ according to state law). I will use a certified identity receipt doing this to prove she got it/and or read it. And, I will also most likely back it up with a hand delivered request so I can also prove reciept. Then it can still and will probably be ignored again (which is considered a denial after 10 days.) Thus, I will have to go to District Court in Bonner County. I will have no choice – so I have made a date in late May just for that reason. Bonner County is a “cult” – a classic case of the “Stockholm Syndrome” on a social level and I am lucky to be out of there.
Comment by Stebbijo — April 11, 2008 @ 4:46 pm
Stebbijo,
I hope it doesn’t come to your being forced to go to court. May I suggest you keep a journal, a timeline, of what you’ve gone through on this particular request. One of OpenCdA.com’s regular contributors, Gary Ingram, constantly looks at improving Open Meeting/Open Records laws in Idaho. He would benefit greatly from an account of your experience. It’s always helpful for him to cite concrete, attributable examples when talking with legislators. It may not seem like it, but some of our legislators really do want to hear both the good and the bad from their constituents. You’re experiencing something they need to know about before they can fix it. Good luck, and please, keep posting here.
Comment by Bill — April 11, 2008 @ 7:03 pm
Stebbijo, I agree with Bill. You have been very patient. But please remember that you’re doing this to clean up the process for the next innocent person trying to get through. Thank you for being so tenacious.
Comment by mary — April 11, 2008 @ 8:41 pm
You would think that someone as influential as Shawn Keough would be concerned since it is her district – but evidently she is not because she has not replied either. Maybe she does not reply to email if she cannot guarantee the sender? I will probably have to re-email her as well with my personal digital certificate issued by Thawte which is owned by Verisign, the most recognized secure certificate authority on the internet (just did). BTW, she is trying to get re-elected. She once told me that the only way I could change things was to vote – Boy, was she wrong. You have to learn how to sue in court. I really want to know what she thinks of all this. She should be concerned.
Comment by Stebbijo — April 12, 2008 @ 2:42 pm
Stebbijo,
As I suggested earlier, keep a journal of your experiences on this. Over the past few months I’ve become less cynical about some of our elected officials (Reps and Sens, not City Council). That’s because I’ve met and talked with some of them. State Reps and Sens depend heavily on information that is accurate and verifiable, quickly understandable, succinct, timely , and relevant. They have no personal staffs, so if the only input they get is from lobbyists, then that will influence their action. Some are really good about responding, others are not. Some are arrogant buffoons who don’t want to hear from us, but others are trying to do the best they can and genuinely want input from constituents.
Comment by Bill — April 12, 2008 @ 4:52 pm
I agree with you Bill.
I am doing the best I can, jotting down notes that will prove my case. I really don’t see how I can possibly lose. Any lawyer, but there are not any – could see through this if they had a moment or two to review records law and mine. I have also found out that simple is about all some folks can digest. So I am making this painfully easy for them to see through. I have done all the leg work and it has taken me YEARS to do it.
If our Sens and Reps are so biased that they rely on paid lobbyists to influence their decisions because the working poor do not have the time, money, or an attorney to speak for them (because we are not criminals) – then I guess, I really feel like I have been ran over by a truck. I mean really – why do we vote? I am not retired, I am not financially well off, I live paycheck to paycheck and something as simple as a minor car problem puts me/us in jeopardy – and believe it, ‘they’ know that. Ignoring folks is what they do to gnats like myself until we get closer – then they might swat. It is scary.
When I do this – I represent myself. I am not doing this for the good of mankind – I am doing this because I have been personally wronged and my children as well. I am being forced to go pro se. The law states that the “sole remedy” is to sue in the court where the records are held. I have no choice if ‘they’ do not want to cooperate. Many of us that live in the gutters of poverty never get this far – that is what ‘they’ hope for. I am lucky, I found the ‘loophole’ before our legislature could close it. It is a very tiring and frustrating process to get justice when you do not have the funds to buy it. For instance, folks like Shawn Keough have all the information they need. They just choose not to act – unless, of course I get lucky because it is an election year – otherwize, I don’t have enough money to buy HER. I am not a paid lobbyist.
I have also talked with some of our Reps and Sens. I am still cynical because all I got was – talk. They are pathetically powerless except when they puff all up about the next law they cannot enforce – then we think they are actually working?
I am prepared to go as far as I have to – I don’t have anything to lose and believe me, this is not my idea of fun. I need all the support I can get to do this – because at this point, I am the only one who can. I have no choice. Wish me luck – I will need it. 🙂
Comment by Stebbijo — April 12, 2008 @ 6:48 pm
I thought I would share with you the email response I received from Shawn Keough.
Response:
Here is my email to her:
(I have deleted my address etc. and email address)
Comment by Stebbijo — April 14, 2008 @ 4:47 pm