For many years Coeur d’Alene’s mayor and city council have successfully used their ignorance of the law as an excuse to, well, ignore the law.  Until recently, the universal Idaho defense of “our attorney said it was okay” has worked.  But in early October First District Court Judge Charles Hosack reminded the Mullan Avenue Gang and City Attorney Mike Gridley that even they were bound by Idaho law — just like the rest of us.
It started in July 2009 when Nampa journalist Wayne Hoffman exercised the Idaho Public Records Law (IPRL) and asked several public entities in Idaho for the names, position titles, and salaries of their employees.  Most willingly provided the information requested, but Coeur d’Alene didn’t.  Coeur d’Alene first provided only surnames.  Then it agreed to provide first initial and surnames.  According to the Coeur d’Alene City Attorney, providing a city employee’s first name in response to an IPRL request could disclose the employee’s gender and thus violate the employee’s privacy.

Normally the City dives for cover and cowers in fear behind the ever-popular “executive session” provision of the Idaho Open Meeting Law to conceal its ignorance and intentional abuse if not outright violation of law.  Not in this case.  This time our Mayor and Council decided to showcase their ignorance for all to see.

At the regularly scheduled and televised meeting of the Coeur d’Alene City Council on August 4, 2009, Councilman Mike Kennedy glanced at his script and then summoned City Attorney Gridley to the podium to explain why the City was willing to fight Hoffman’s request for public information.  Gridley’s rationale (use your imagination here) was that the IPRL specifically exempts sex from public records disclosures, so for the City to reveal an employee’s first name could reveal the employee’s gender.

In an exercise of faux-magnanimity, the City Attorney explained that Hoffman had a remedy  — he could sue the City.  The IPRL provides that a citizen can seek redress in District Court if he believes public information has been wrongly withheld.  In their collective arrogance, our City officials never thought Wayne Hoffman would dare file such a lawsuit, so they proceeded to criticize his motives in the August 4 Council meeting.  (Remember,  our Mayor and City Council subscribe to the 3-D philosophy reacting to  public participation:  Deny, Demean, and Deceive.)

Here are some excerpts of comments made by our Councilmembers and Mayor at that meeting.  Turn on your computer’s sound and click on the “In his (or her) own words” link by each photo.

In his own words

So according to Councilman Hassell, Hoffman didn’t have anything to do.  If you believe Hassell, and you probably shouldn’t, the law empowering citizens to gather information and hold their public officials accountable is “ridiculous.”  Why am I not surprised to hear that from Hassell?

Clearly, Hassell does not like the Idaho Public Records Law.  Equally clearly, he does not understand the difference between public and private employment.

3-D.

 

In her own words

Never having spoken with Hoffman or examined his work, Councilman Goodlander demeaned Hoffman by huffing that he was just looking for publicity.  Or at least that’s her deception she would like us to accept as fact so the City Attorney could deny Hoffman’s legitimate request for information.

3-D.

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In his own words

Kennedy agrees with Hassell that Hoffman’s request is ridiculous and with Goodlander that Hoffman is just seeking publicity.

Kennedy finds it distasteful that Idaho law gives the public access to public records so we, the people, can evaluate the performance of our public employees.  He wouldn’t object to the information being available for elected officials, but he doesn’t think it should be available for “non-electeds.”  Naturally, he used the example of a 19-year old Parks worker as a “non-elected.”  That conveniently allows him to also withhold public information about the performance of non-elected department heads such as the City Attorney, City Administrator, City Finance Director, City Fire Chief, Deputy City Administrator, City Police Chief, City Recreation Director, City Engineering Services Director, City Parks Director, City Wastewater Superintendent, City Human Resources Director, City Clerk/Municipal Services Director, and the City Planning Director.

Kennedy’s solution?  “Find a way to get past this proactively.”  Translation:  He wants to find a way to evade the Idaho Public Records Law.  3-D.

In his own words

“This magic little place…”

“Maybe the legislature was paranoid in the ’60’s…”

“That’s all I got to say.”

Well, that’s certainly an interesting perspective on the Idaho Public Records Law.

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In their own words

So Edinger is eager to have the public believe that anytime a citizen asks to see a public record, it must be “just politics?”  And just exactly what does who Mr. Hoffman is have to do with the legitimacy of his request for public information?  As City Attorney reminded the council members (all of whom had clearly never examined the public records law), the reason for requesting to see a public record is immaterial.

And of course Kennedy doesn’t appreciate the fact that private citizen Wayne Hoffman dared to exercise the law of the State of Idaho.  In Kennedy’s eyes, laws are meant to be abused by those in power, not used by citizens to protect themselves from abuse, fraud, waste, and neglect in government.  3-D times two.

The Council’s comments were presented in its August 4, 2009, meeting.  Wayne Hoffman sued in October 2009.  It took First District Court Judge Charles Hosack about 30 minutes to tell the City that the City Attorney’s interpretation of the law, an interpretation on which all the Councilmen had relied and rallied behind, was wrong.  Not just wrong — clearly wrong.  Judge Hosack was quoted in the Coeur d’Alene Press article this way:  “The Idaho law is pretty clear that the names have to be disclosed.”  The City then released the information as required.

Readers who are interested in seeing what salaries our public employees make can go to www.ouridaho.com .  Go to the Quick Search box, click on Employee Salary Data in the “Search” dropdown.  In the “Filter” dropdown, click on Coeur d’Alene, ID.  Then click the “Search” button.

The photos and audio of our Councilmen were taken from a DVD of the August 4, 2009, council meeting on CDA TV Channel 19.  Obviously the excerpts are only that, so to get the context of the audio, you can either view the meeting rerun online or you can purchase a DVD recording of the meeting from the City Clerk’s office.  Last time I purchased a DVD of a city meeting, the cost was $30.00 plus sales tax.