You by the jury
You by the jury
To the Editor:
You be the jury when you vote in 2022. This may be some interesting details for the community.
On Oct. 19, 2021, county
commissioners from three
counties, Weston, Niobrara, and Goshen, met in an open and
advertised meeting. The agenda was a vote for the person to replace Hans Hunt, who had stepped down as District 2 repesentative for these counties. When the vote came up on the agenda, mysteriously, it was a secret ballot.
Question 1. When was it determined by the commissioners that this would be a secret ballot? According to Wyoming Open Meeting Laws, this determination should have been conducted in open forum. According to Weston County Commissioner Chairwoman Marty Ertman when questioned at a later
commission meeting, the details relating to this determination were discussed in
executive session, and answers cannot be given to the public “on advisement of the county attorney.” How and when was the secret ballot designed prior to the vote for district rep? We don’t know. Is it legal to make a secret
determination to take an action of this magnitude by county commissioners? No, it is not an action allowed by executive session (behind closed doors). Curiously, witnesses on Oct. 19 saw written instructions for this secret ballot passed to each
commissioner. That
document seems to be missing from any record.
The Wyoming Open Meeting Law applies to all agencies and divisions of the state, all counties, municipalities, — except for the state legislature and the judiciary. According to WOML,
no action of a governing body of an agency shall be taken except during a public meeting.
Question 2. Was it legal for the Commissioners on Oct. 19 to actually vote by secret ballot? No, this act in itself is contrary to the public’s right to know how its servants are conducting business. In addition, according to Robert’s Rules of Order, where the by-laws do not require the vote to be by ballot, it can be so ordered by a majority vote. So, even if the secret ballot did not negate the public’s right to know, which it did, the procedure to take a secret ballot was not even valid.
Question 3. Are all the commissioners culpable? All but one of whom we are aware. According to Wyoming Statute 16-4-408, any member of the governing body who attends or remains at a meeting knowing the meeting is in
violation of WOML shall be liable unless the member’s objection is recorded in the minutes. Only one
commissioner, Don Taylor of Weston, to my knowledge, stepped up after the fact, after realizing wrong-doing, and made his ballot public. He verbally expressed his objection to secret ballot during the next public commission meeting in Weston County.
The remaining commissioners are hiding behind legal advice to not speak of the subject. Taylor’s objection to the action should absolve him. (Though his objection should have been recorded in the Minutes, which it was not). The remaining commissioners are liable, at least, for a civil penalty up to $750, and their action is voidable. (Please be clear that our intent is not an objection to for whom the commissioners voted, but rather, the process).
Final question: Is this the only action by our commissioners that is adverse to the wishes of the majority of their constituents? No.
— Concerned Citizens of Weston County,
Patricia Baumann
Editor’s Note: This letter was edited for content