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Rexburg Woman Files Open Meeting Law Complaint Against City Council

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By Danielle Grant, Local News 8 Reporter

One local woman fights back against what she calls an unfair, unjust mayoral appointment process.

Maria Nate of Rexburg wrote a letter of complaint to Rexburg’s city attorney, the county prosecuting attorney as well as the state's attorney general.

She cites the Rexburg City Council violated the Open Meeting Law in its appointment of Councilman Richard Woodland to mayor last week.

Idaho's Open Meeting Law Manual details certain definitions as well as what constitutes a violation.

The letter Maria Nate sent to those agencies states the decision of who to appoint for mayor was discussed, deliberated and made prior to the public meeting.

She says her fight isn't about who they chose but how they chose Rexburg’s new mayor.

On Idaho's attorney general’s website, Lawrence Wasden says the Open Meeting Law codifies a simple but fundamental Idaho value: the public's business ought to be done in public.

At last Wednesday’s city council meeting, Maria Nate believes the council had already decided who they were going to appoint before the meeting even happened.

She says she wanted to hear the council deliberate and hear why they made the selection they did.

According to the Idaho Open Meeting Law, it states when a complaint comes in involving a local entity then it's up to the county prosecutor to investigate.

Sid Brown, Madison County's Prosecuting Attorney, wasn't available to speak with Tuesday.

However, Rexburg's City Attorney Stephen Zollinger believes the council did not hold any secret meetings and did not violate the open meeting law.

He says this mayoral appointment isn't like voting on a city ordinance, it's based on the council members opinions and the vote is purely at their digression.

Nate believes there was a room full of people waiting to hear some kind of deliberation and since they didn't get that she's taking a stand.

"While I understand the desire of the city council to have a unanimous decision and show a united front, they cannot make that decision before the meeting. I understand that the public's business must be done in public and while its uncomfortable to talk about people, it needed to be done," said Maria Nate.

Since this written complaint is now filed, the county prosecuting attorney office has 14 days to either, acknowledge the violation and say how they're going to fix it or if they determine the council hasn't violated any laws, it'll stop there.

According to the Open Meeting Law, if the council members are indeed in violation they could face a $50 to $500 fine.

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