Nebraska law declares "that the formation of public policy is public business and may not be conducted in secret. Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies"
Van Vleet declared at the meeting on January 12 that council had ALREADY met twice in closed session to discuss changing the city ordinances regarding city manager and economic development duties. This is a clear violation of the statute, regardless of whether they took any action. In this instance, there was no illegal meeting, rather an illegal use of a closed session. The proof is Van Vleet's own admission from his seat during the council meeting. While the statute allows closed sessions for personnel issues, this is clearly policy, not personnel.
On the subject of illegal meetings, the Nebraska Attorney General has also noted quite a few other disallowed methods for accomplishing the same thing as a face-to-face meeting, including emails, phone calls and the like. This issue is quite difficult to prove unless the 3 councilmen tip their hand and show up to a meeting with a set of documents that the other 2 don't have. My opinion is that they had indeed discussed this policy change by some means prior to the official council meeting and had documents in hand that they were prepared to use in their closed session to amend the ordinance. The law says that you and I have the right to be a part of that discussion. I want to hear the reason why they are making choices.
Don't you think that they should know the open meetings law inside and out so they can abide by it? They point it out at every meeting, but they don't seem to have studied it.
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I heard on KSID this morning a news story where the Beatrice School Board is being investigated by the Attorney Generals office for a possible violation in the open-meetings law. The board President called the other board members to get a majority vote for the new Superintendent...
ReplyDeleteI have seen a lot of support for Gary Person in the last couple of meetings. Of all the statements being bantered about, the most important one was made by Mr. Van Vleet to Mrs. Young. "The voters have the final say." I must say I am very surprised that none of the group who supports Gary will exercise some initiative and run for council. You can't change council if you don't offer options to the voters. If 17 people spoke, why haven't 17 people filed to run for election? Are you afraid your business will see adverse effects from the fallout of such an election?
ReplyDeleteGary has done me no favors, but I also don't think this witch hunt is moral or ethical, It is obvious there needs to be a change...who will show the fortitude to stand up for it? I know of only one man who has filed to run for election and he is very far removed from the issue at hand, so...less talk and more action. The whole purpose behind democracy is to have the ability to change things you don't like by becoming involved. Your move Sidney...
Dear Anonymous,
ReplyDeleteI just noticed your post on Julie Young’s Blog from February 1. Citizens should not have to run for any office just to see that their government is run according to the law or in the public interest. For one thing this present council can do too much damage in a short time and this community does not have time to wait for an election to come around. That is exactly why we have “sunshine” or open meetings laws. When citizens feel they have the public’s business in good hands, then there will be a dearth of people at their council meetings.
As far as all the people who spoke and or attended the council meetings in support of the positions of Economic Development and City Manager being held by Gary Person, I do not think you can say public and community service has been neglected by any of them. Let me tell you what many of those people have given in public service to this community in the past. Dr. Cornelius has served on both the Sidney City Council and the Sidney Board of Education. Lee-Ellen Matzke has served on the city council and served as mayor. Dr. Jim Garcia has served on the city council. Tom Kokjer has served on the city council. Jim Lodes has served on the city council. Ibs Young has served on the Board of Education. Jerry Matzke has served on the Board of Education and as a State Senator. Two prior Sidney mayors have written letters to KSID in support of having both positions being held by Gary. Mike Hartzler is a former council member and has written in support in the Sidney Telegraph. In addition to these people being elected to public office, most of them have served on other boards like the hospital board, economic development boards, library board, planning boards, housing authority etc. etc. I can’t even name all the boards these people have served on here and across the state and some have held offices nationally.
Most of us are now senior citizens; but we are not dead; and we still are interested in the affairs and future of this community. We have children and grandchildren living here. We love the golf course, the Community center, the swimming pool, the walking path, Cabela’s Pond, and the Library and we see three councilmen who would, at the drop of a hat, do away with all of them.
Do not tell us to get involved. We are involved. That’s exactly why we have felt a need to attend the city council meetings.
Ibs