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Laclede Water District disputes recall method

by Keith Kinnaird News Editor
| September 19, 2013 7:00 AM

LACLEDE — The chairman of the Laclede Water District announced his resignation Wednesday, although the board intends to challenge the state’s determination on a pending recall election.

Chairman Randal McLain made the announcement after the board’s business meeting concluded.

Reading from a letter he prepared on Aug. 21, McLain said he would immediately step down as chairman and president.

“I feel I can no longer be effective in this position and need to step down for personal reasons,” McLain said, reading from the letter.

McLain said he would continue to serve as a board member until Oct. 16, at which time he will entirely resign from the board.

“I don’t need to be here anymore. You can do whatever you want,” McLain told the crowd that had convened to air their grievances with the district.

Bonner County elections officials certified petitions this month that pave the way for a recall election which aims to turn McLain and fellow board member Jerry Doyle out of office.

The district’s legal counsel argued that recall backers cannot avail themselves of traditional recall rules in Idaho to oust water district officials. Sandpoint attorney Bruce Greene maintains that recall backers have to file an action in 1st District Court to effect the removals.

However, the Idaho Secretary of State and Attorney General’s offices have advised county elections officials that a provision in the Idaho Constitution trumps the section of state code cited by Greene.

After meeting briefly in executive session, the board emerged and voted to file a petition for declaratory judgment to have a 1st District judge rule on the issue.

The motion passed with James “Bruno” Williams casting the lone dissenting vote.

Critics of the district are pressing ahead with the recall because they claim their input on the fiscal management of the district is being disregarded. In particular, they contend the district’s superintendent William Douglas Carothers, Doyle’s stepson, is being overcompensated for his position.

They further contend that elements of the board have a pattern of disregarding Idaho’s open meeting and public records laws.

The district circulated an open letter standing behind its management of financial affairs and Carothers, who has been subjected with threats of harm to his family if he does not step down.

The board insists it is only working in the best interest of the district’s water quality and its customers.

“The Laclede Water Board is trying to the very best job for the community. Not harm, steal or get rich from any part of our positions on the board. We are trying to manage our system for today’s needs and for the future,” the letter reads.

Williams was the only board member who did not sign the letter.

Discord within the district has become so rancorous that the board removed from Wednesday’s agenda a public comment portion.

“The public forum has become extremely disruptive and unproductive, and the majority (of the board) feels that it’s too disruptive for our meetings,” McLain said.

Patron Vicky Johnson said removing the item from the agenda was contrary to the open meeting law, but McLain countered that state law does not require the board to entertain public input during its business meetings, which remain open to the public.

After the business meeting adjourned, McLain and Doyle agreed to stay behind and hear out aggrieved patrons.

After about 20 minutes, McLain announced his intention to resign and Doyle said his son-in-law intends to seek new employment. Critics have questioned Carothers employment with the district in light of two drunken-driving conviction and a felony drunken-driving arrest, which resulted in a withheld judgment.

“He was the best operator we’ve ever had and you’ve blown it,” said Doyle.