County commission's first decisions violate Open Meetings Act
TOM MORTON Star-Tribune staff writer | Posted: Tuesday, July 10, 2007 12:00 am
The Natrona County Commission appointed real estate agent Mary Hales to represent House District 36 and Casper College official Bill Landen to represent Senate District 27 at a special meeting Monday evening.
However, the commission did so after being told by the Casper Star-Tribune that it violated the Open Meetings Act earlier in the day by initially making the decisions in executive session.
Hales will replace Rep. Liz Gentile, who announced her resignation in June because demands of a new job prevented her from representing the district in east Casper and Evansville.
Because of a previous commitment in Alaska with a family member who is ill, proxy Joan Bangen spoke for Hales during interviews earlier Monday.
Hales is a longtime Democratic Party activist and a real estate agent.
During an opening statement and questions from commissioners, Bangen said Hales favored the removal of the sales tax on groceries, supports the state's Business Ready Communities program and better child care.
Landen, vice president for student services at Casper College, told commissioners he grew up working on ranches in the western part of the state and would offer his strong work ethic to represent Senate District 27, which includes House District 36 and extends east to the Natrona and Converse county line.
Landen will replace Sen. John Barrasso, who resigned after his selection three weeks ago to replace the late U.S. Sen. Craig Thomas.
Landen edged out former Rep. Gerald Gay and petroleum engineer Bob King, who were chosen among 13 candidates by the GOP precinct committeemen and committeewomen in the district.
Hales likewise won over office manager Penney Miller and Casper College forensics coach Gretchen Wheeler, who were among seven candidates chosen last week by the precinct committeemen and committeewomen in the house district.
Initially, the commissioners interviewed the three Democrats, went into an executive session to consider them, and voted for the winner. They conducted the same procedure for the Republicans.
But Wyoming Press Association attorney Bruce Moats and its director Jim Angell said commissioners' selections violated Wyoming's Open Meetings Act.
"No vote can be taken in executive session," Moats said. "It's essential for accountability."
The law states the selections are "'null and void and not merely voidable,'" meaning that a challenger would not even need to go to court because it's as if the meeting never happened, Angell said.
After the Star-Tribune told commissioner Terry Wingerter and Natrona County Attorney Eric Nelson of the violations - punishable by $750 fines by each participating official - Commission Chairman Jon Campbell and commissioners Matt Keating and Rob Hendry were called back to the courthouse to conduct the meeting legally. Peryam was not answering phone messages.
After a call to order and roll call, Hales' and Landen's names alone were nominated to fill the positions.
Because he could not endorse a candidate he had not met, Keating voted against Hales, who won on a 3-1 vote.
Landen won on a 4-0 vote.
Campbell apologized for Open Meetings Act violations.
"I will certainly take full responsibility," he said.
Keating disagreed, saying all commissioners were responsible.
"This is a cart we all pull," he said.