Sheriff: County meeting violated state law

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SANDPOINT — Bonner County Sheriff Daryl Wheeler involved the Idaho Attorney General’s Office in the dispute involving the parcel of county-owned land located between the sheriff’s office and the Fairgrounds, saying a decision approving an ice arena at the site violated the state’s Open Meeting Law.

Instead of building an ice rink near the fairgrounds, Sandpoint Community Center Corporation, (SC3), is pivoting to support efforts by Ponderay and North Idaho Ice to build a facility at the city’s Field of Dreams.

Commissioners originally signed a memorandum of understanding with SC3 on Oct. 26 to build the arena. Ever since then, Wheeler has publicly opposed the project.

A November press release by the sheriff’s office claimed county commissioners were taking actions to “defund the police,” and misappropriate public property by building the arena behind the sheriff’s office.

Although it’s unclear if Wheeler’s actions caused SC3 to change their plans, the commission will choose to revisit the October decision this week.

Wheeler filed a complaint with the AG’s office on Dec. 6 alleging that county commissioners violated the state’s Open Meeting Law when they signed the memorandum of understanding in October agreeing to build the rink.

The Open Meeting Law was passed by the Idaho Legislature in 1974 to ensure that public affairs are handled in public and not in secret.

“[T]he formation of public policy is public business and shall not be conducted in secret,” reads the statute in part.

Wheeler’s complaint alleges that the Oct. 26 meeting agenda did not obviously state that the commission would be voting on the ice rink. The AG’s finding specifies the details of Wheeler’s complaint.

“In his opinion, the agenda item was not sufficient to inform the public of what was actually discussed at the meeting,” read the AG’s finding. “If he had known that the action item involved the Board voting as to whether to convert this parking lot into an ice rink, he would have attended the meeting and voiced his objection. He believes the Board should have requested input from other county officials, such as himself. He also believes if the agenda item had been clearer, other members of the public would have also attended the meeting.”

The AG’s office published their findings and conclusions on Feb. 16, stating that the commission “likely” broke the open meeting law, and that the rink’s memorandum of understanding “could” be nullified as a result.

The commission could choose to not respond to the AG’s finding, as the complaint was filed outside of the 30-day deadline. But instead, the commission is choosing to revisit their decision this week.

“What we decided to do is correct it. We’re actually going to talk about it in executive session on Tuesday,” said Commission Chair Dan McDonald. “And then what we’ll do as far as the open meeting law violation, is we’ll just go on record and cancel it, so it can officially be put to bed.”

Even though the ice arena will not be built on the parcel between the fairgrounds and the sheriff’s office, the community will still be getting an ice rink.

“My goal has always been to get some afterschool programs for kids,” McDonald said. “I’m just pleased that this thing will come to fruition even sooner. I’m excited about it.”

The next steps for the commissioners is to correct the potential Open Meeting Law violation. The AG’s office recommended the commissioners to schedule a training on the law within 60 days. It is unclear if the commission intends to follow through.

If the commission chooses not to address the suggestions in the AG’s finding, Wheeler could file a civil suit against the board of commissioners. However, for the time being, Wheeler’s visions for a justice complex remain on the table.

“There’s a theme here that all of that property is being used for law enforcement purposes, for a justice center, and it was purposely bought for that,” Wheeler said in an informational meeting in January. “But currently, the commissioners have developed a case of amnesia, and don’t seem to recall the conversation we had. And that’s all I’ll say about that.”

However, contrary to what Wheeler said Jan. 29, McDonald said there are no records of that site being set aside for a justice center or jail expansion.

"The sheriff claims we have amnesia from a claimed 2008 decision that there is no record of," McDonald said. "First of all, none of us were in office in 2008, there was no decision made and if there were it couldn't encumber this board."

While he didn't attend the Jan. 29 presentation, McDonald said based on information Wheeler presented at a county meeting on the fairground, Wheeler has taken "creative license with what he calls his facts."