After Bonner County Commission restricts public comments, one commissioner creates own public forum

SANDPOINT – Since the chair of the Bonner County commissioners stopped taking public comments last month, one commissioner has been holding her own informal chats with the community before each meeting.

Beyond hearing concerns from constituents, Commissioner Asia Williams invites other county officials to speak and answer questions.

Tuesday morning’s guest was County Prosecutor Louis Marshall, who gave a rough civics lesson on the role of the prosecutor’s office in county government. He also answered a lot of questions about open meeting law and options for holding boards accountable for possible wrongdoing, though he was careful not to weigh in on specific cases.

The chats are well-attended despite beginning at 8 a.m. on Tuesday mornings.

“The community is feeling frustrated because they are not getting answers to their questions,” Williams said. “They are met with hostility from board members.”

Chair Steven Bradshaw and Commissioner Luke Omodt say the meetings have gotten out of control, with constant outbursts making it difficult to conduct county business.

“For months, we have been having unrecognized comments and disruptive behavior to such a degree that our meetings are toxic and embarrassments,” Omodt said.

At a June 27 meeting, Bradshaw ended public comments until, he said, “I can be convinced that people can behave and act like adults.”

All three commissioners are Republicans. Both sides say the issues that lead to heated discussions this year at board meetings were varied and included talks about the future of the Bonner County Fairgound.

For several weeks, the commissioners began the meeting at 9 a.m., then Bradshaw and Omodt dismissed themselves for an hour, while Williams remained behind to hear from the audience, before they returned to start the regular business at 10. Last week, they voted against Williams to skip the formality and begin meetings at 9.

Mike Kaizer, who attended the chat and the meeting Tuesday, said the board is stifling First Amendment speech.

“It’s kinda like if I don’t like what you’re saying, I’m going to take my ball and go home,” Kaizer said.

Bradshaw accepted limited comments again Tuesday morning, but only on each agenda item as it came up during the meeting.

Another resident, John Dupree, said allowing public comment for each agenda item was an improvement but still thinks there should be a limited general comment period. He also recognizes the commissioners’ perspective that it can be toxic.

“People are rising up, paying attention to government,” Dupree said.

Williams said the community chats show how much the public wants to be involved, and that involvement can be productive.

She said the other board members have added to the antagonism in the way they treat her and the public.

“The problem comes down to mutual respect,” she said.

Omodt agrees the board is too contentious.

“We need to get our own behavior in order before we can expect the public to engage in civil discourse,” he said.

Omodt is accessible to the public through other means. He responds to phone calls and emails, holds open office hours and drives across the county to meet with people, he said.

Williams says disallowing public comment goes against the county ordinance, which says the purpose for the public comment segment of a business meeting “is to enable citizens with issues or concerns which they wish to bring to the board’s attention and afford an opportunity for consideration on a future agenda for possible board action.”

But Omodt points to other parts of the ordinance that say regular business meetings are not public hearings, the main purpose is to conduct county business and recognizing public input is up to the discretion of the chair.

The ordinance also says the chair shall not entertain irrelevant statements or “statements that are inflammatory, personally attacking or derogatory toward any board member, staff member, elected official or member of the public.”

In March, the board requested an opinion from Marshall, the county prosecutor, on how to remove a citizen from a meeting and how to limit public participation.

In a memo, Marshall advised balancing the importance of public participation with the importance of business efficiency. In his opinion, the ordinance “prioritizes public participation” in business meetings.

He also wrote that the public comment segment is an opportunity for citizens to voice their concerns not only to the commissioners, but also to the public and to the media.

After receiving the memo, the commissioners voted unanimously to limit public comments to one hour. That didn’t improve the situation, Omodt said.

Tuesday’s meeting proceeded quietly as the commissioners worked through approving routine items, until they reached the contentious topic of a proposed RV campground expansion at the county fairgrounds.

Williams moved to withdraw a rezone application from the city of Sandpoint.

After Omodt discussed his opposition and called for a vote, Williams said that was not appropriate under Robert’s Rules of Order since, as the minority opinion, she had a right to deliberation and Omodt had not answered a question she asked.

At the previous meeting, Omodt moved to adopt Robert’s Rules of Order to help run the meetings better. Williams opposed the idea, saying the parliamentary handbook is meant for larger legislative bodies and there are a lot of rules to know and follow. She said this was an example of that.

A continued back and forth between Williams and Omodt led to quiet grumblings from the audience.

Per the rules, a vote can only take place after “a full and thorough discussion,” Williams said.

“Deliberation is not a back and forth where we continue to argue as to whose position is what,” Omodt said. In a follow-up interview, he said the rules can’t be used to filibuster.

Bradshaw called the meeting to recess before skipping to the next item on the agenda, which was executive session – parts of usually public meetings that state law allows to be discussed in secret.

Williams said that was against the rules, too.

A man in attendance thanked Bradshaw for allowing public comment again.

“I appreciate the way everybody behaved today; I compliment you,” Bradshaw said before leaving the room.