Why is the city of Boise being so secretive in violation of Idaho’s public records law? - Idaho Statesman
The city of Boise is getting some really bad legal advice when it comes to Idaho’s public records law.
The city delivered travel-expense records requested by Idaho Statesman reporter Joni Auden Land, who wrote a story about them. But the city redacted some information, using a bizarre application of an exemption under Idaho Code §74-105(4)(b), which has to do with “critical infrastructure.”
The section exempts “records, other than public expenditure records, related to proposed or existing critical infrastructure held by or in the custody of any public agency only when the disclosure of such information is reasonably likely to jeopardize the safety of persons, property or the public safety.” That section continues: “Such records may include emergency evacuation, escape or other emergency response plans, vulnerability assessments, operation and security manuals, plans, blueprints or security codes.”
Really, city attorneys? That’s what you came up with? City Council President Elaine Clegg’s $8,000 travel request was redacted because it would have disclosed records related to proposed or existing critical infrastructure held by the city?
That is a stretch that would beggar the imagination of even the most “creative” legal mind.
Just a couple of months ago, the city of Boise got equally bad legal advice when it denied a public records request from the Idaho Statesman for a draft ordinance regarding short-term rentals.
In that instance, the city cited federal and state regulations (not applicable); Supreme Court rule-making power (huh?); and, my favorite, attorney-client privilege, which can’t be used simply as a catch-all to hide anything and everything from public view.
City officials, including Clegg and City Council member Holli Woodings, suggested concerns about city employee safety if travel plans were released.
Unfortunately, that’s not an exemption under public records law. And it certainly has nothing to do with “critical infrastructure.”
City attorneys did think it was OK to release information about some trips, including a $2,200 trip to Palm Springs, California, for Boise Airport Director Rebecca Hupp to attend the American Association of Airport Executives’ CEO Forum and a $1,400 trip to Salt Lake City for Fire Chief Mark Niemeyer and other Boise Fire employees to meet with other departments, an event hosted by the Unified Fire Authority.
Property taxes are going through the roof, especially in the city of Boise. Sure, some of that is due to the shift in property tax burden from commercial to residential due to rising residential property values. But increased city spending is part of it, too. Without telling city taxpayers what they’re spending money on, how can we make that judgment of what’s necessary and what’s excessive spending?
All of this bad legal advice also opens up the city to the possibility of a costly lawsuit.
Just a couple of years ago, Ada County had to pay out nearly $50,000 in legal fees and court costs because of really bad legal advice about public records. This year, state taxpayers had to pay $30,000 because of Lt. Gov. Janice McGeachin’s secrecy about public records in what was an obvious violation.
City officials say they’re working on a system to be more transparent about travel expenses. That’s a good thing. Regardless, they still have to follow public records law, and they can’t go around claiming bogus exemptions like “critical infrastructure” to hide public records.
In addition to legal concerns, it’s also just a matter of public trust.
Mayor Lauren McLean, Public Works Director Steve Burgos and Economic Development Director Sean Keithly took a trip in November to Chicago at a cost of more than $3,500 combined, according to copies of their travel requests. These requests list only “work-related meeting” as the purpose of the trip, with no details.
This seems reminiscent of a previous scandal involving out-of-state junkets by then-Mayor Brent Coles and city staff members. No one is saying that’s what’s going on here, but keeping these trips secret certainly opens the city to that possibility.
McLean was elected, at least in part, on her promise of being more transparent. By pulling stunts like this, she’s not fulfilling that campaign promise.
Among the records that were released, city attorney Jayme Sullivan requested $1,483 to attend a seminar in October in Las Vegas, Nevada, on negotiating public safety contracts.
I would recommend another seminar that city employees — particularly city attorneys — attend: the open meetings and public records seminars put on by the Idaho Attorney General’s Office and Idahoans for Openness in Government.
The best part is that those seminars don’t cost a dime.
source: https://www.idahostatesman.com/opinion/from-the-opinion-editor/article258655733.html
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