LEGAL OPINION ANNOUNCED
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NO VIOLATION FOUND 10-19-16 LMS

Allegations of Open Meeting Law violations have been reviewed and deemed invalid according to a statement by City Attorney Fred Snook.

The procedural complaint came from a September 7 City Council meeting where potential amendments to a Phase One agreement between the city and the Salmon Whitewater Park Association were being discussed prior to making an agreement renewal decision. Further discussion on the renewal issue was brought before the October 28 Council Meeting where it was tabled due to threatened legal action

Referring to motions made during the September 7 meeting Snook told the October 19 meeting of the council that since renewal of the agreement was scheduled for discussion it is reasonable that a “discussion” might include possible amendments or revisions therefore; no violations of the Open Meeting Law occurred.

The renewal time-frame of the original agreement has expired. Snook’s advice to the most recent council meeting was to declare any decisions made September 7 null and void, then start over with a new agreement rather than renew the old agreement. A motion to follow that advice was passed unanimously.

The council proceeded to discuss a new Phase I agreement. Activities during Phase One include the pre-construction, engineering and permitting aspects of the project. The old agreement was used as a guideline on which to create a new agreement with verbiage the council decided would make the agreement more technically correct and more clearly understood.

City Clerk Mary Benton reiterated the council discussion was about a new agreement, not a renewal of the old one. A motion was made by Councilman Ken Hill to accept the new city/SWPA agreement just discussed. Before the vote Councilman Rob Jackson asked to be provided with a hard copy showing the changes made that evening. Hill amended his motion to reflect the hard copy being made available and a vote on the agreement being rescheduled for November 2.

The motion passed on a vote of five to one with Councilman Russ Chinski casting the ‘’no’ vote.


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