San Juan County commissioners violated Utah's open meetings law, county attorney says - KUTV 2News
SAN JUAN COUNTY, Utah (KUTV) — The San Juan County attorney is warning county commissioners not to adopt new boundaries for commission and school board seats because the item was illegally added to the commissioners’ meeting agenda.
In a letter attached to meeting materials for Tuesday’s San Juan County Commission meeting, county attorney Kendall Laws said the addition of the redistricting ordinance constituted a violation of Utah’s Open Meetings Act.
“It is with great frustration this letter must be sent,” Laws wrote. “That this very important matter is unnecessarily delayed is an even greater frustration.”
Laws cited an email sent Thursday morning as the source of the problem. The email was sent by Liz Thomas, identified by Laws as a paralegal for Steve Boos, a lobbyist for the Navajo Nation. The recipient was Kenneth Maryboy, a San Juan County commissioner. Also copied on the email was Willie Grayeyes, another San Juan County commissioner, and Leonard Gorman, executive director of the Navajo Nation Human Rights Commission.
“Thanks for agreeing to forward this Ordinance and associated NNHRC School Bd. District maps to [San Juan County Chief Administrative Officer Mack] McDonald with instructions to put the Ordinance and maps on the 1-18-22 Agenda,” Thomas wrote. “If you have Q’s, please contact Mr. Gorman, Steve or me.”
Because two of San Juan County’s three commissioners were on the email, Laws said the exchange constituted both a public meeting and action, in violation of state law and county ordinance.
“A quorum met (either in person or by other electronic means) with representatives of the public or other entities, agreed to action, and directed the county staff to take the said action,” wrote Laws. “All of this occurred without proper notice or opportunity for the public at large to attend the decision making process of their elected officials.”
When asked by KUTV 2News via email about the situation Monday, Grayeyes simply responded, “No comments. Thank you.”
Maryboy did not immediately respond to a request for comment, nor did Boos, Gorman, or Thomas.
In the letter, Laws warned that if commissioners vote on the proposed maps Tuesday morning, any action will be “void” because state law was not followed. He encouraged commissioners to direct requests for drafting ordinances to county staff or the county attorney’s office.
“The use of outside parties for such drafting has already financially damaged the county multiple times over the past few years and it must stop,” Laws wrote. “Likewise, there should never be a quorum present with a lobbyist or the lobbyist’s client without proper public notice of the meeting.”
The county attorney said commissioners should delay taking action on the maps and provide proper public notice.
source: https://kutv.com/news/local/san-juan-county-commissioners-violated-utahs-open-meetings-law-county-attorney-says
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