Board rescinds meeting recording ban

LACLEDE — The Laclede Water District swiftly rescinded a proposed policy Thursday to prohibit members of the public from making audio or video recordings during open meetings.

The policy, which surfaced earlier this month, was proposed because district officials contended the recordings were disrupting business meetings and preventing people from speaking candidly to the board.

“It is the intent of the board of directors to create an environment where all citizens feel free to make comments to the board,” Chairman Lee Dowdle said during the board’s March 12 meeting.

Those who violated the policy would be made to turn over the recording to the district or erase it in the presence of a district official. Violators could also be subject to “legal actions.”

But the policy was met with partial compliance immediately after its passage. Paul Horgan, a district patron who video records board meetings, initially complied with the policy, but resumed his recording.

One board member then recommended that the police be summoned to intervene, according to an audio recording of the meeting made by another patron. The only objection to the public’s recording on March 12 came from a board member.

Opponents of the policy asked for the board to cite a legal authority that would enable the district to prohibit recordings, which it was unable to do.

Board Secretary Chris Giese moved for the policy to be held in abeyance until the authority could be provided. Dowdle seconded the motion.

During a special meeting on Thursday, the board unanimously withdrew the policy.

“We found from our information and searching that we were way out of line. We weren’t even prepared for it,” said Dowdle.

Bonner County Deputy Prosecutor Scott Bauer was asked about the legality of the policy and said that recording is allowed by Idaho’s Public Meetings Act.

“Consequently, public officials cannot prohibit audio/video recording of their open meetings except for unrecorded executive sessions,” Bauer said in Thursday email message that was being circulated by district patrons.

The policy and its reversal comes amid a prosecutor’s office investigation into allegations of nepotism and violations of the state’s open meeting law.

At least one search warrant was served on the district last month to obtain paper and electronic records kept by the district.

 Critics of the district contend it engaged in nepotism when it hired William Douglas Carothers as its facility operator in 2008. He is the son of former board chair Kathy Doyle and the stepson of Jerry Doyle, a current board member.

After meeting in executive session for about an hour on Thursday, the board emerged and voted to keep Carothers on as its plant operator. Jerry Doyle abstained from the vote.