Attorney: Charges not warranted

SANDPOINT — A Coeur d’Alene attorney tasked with reviewing allegations of open meeting law violations by Pend Oreille Hospital District trustees is urging against prosecution.

Darrin Murphey found there is insufficient information and evidence to determine whether Idaho’s open meeting law was violated. Moreover, the statute of limitations on the alleged violations has expired, Murphey said in a six-page opinion provided to Bonner County Prosecutor Louis Marshall on June 25.

Dan Rose, a hospital district trustee, accused his colleagues of violating the open meeting law in December 2018 and on prior occasions by when a quorum of the board attended meetings held by Bonner General Hospital Inc. which are closed to the public. Those trustees also serve on BGH’s board of directors.

Murphey notes that the hospital district is a public agency in the eyes of Idaho Code.

“However, the hospital, a private nonprofit corporation, is not a public agency, and therefore not subject to the open meeting law,” Murphey wrote.

Rose generally alleged that discussions of hospital district matters and discussions were made during the meetings.

But Murphey said there was no evidence, such as meeting minutes or recordings, that trustees received or exchanged any specific information or opinion relating to a subsequent decision by the hospital district.

Murphey said the district and the BGH did not have well-defined roles at the time of the alleged open meeting violations .

“However, with the assistance of legal counsel, the district and the hospital appear to have clearly defined their roles as separate entities to the satisfaction of the attorney general,” Murphey wrote.

Murphey added that there have been no additional open meeting law violations and the Idaho Supreme Court has consistently upheld decisions of public agencies that took steps to correct improper or faulty open meeting practices.

BGH spokeswoman Erin Binnall released the following statement after Murphey’s opinion was released:

“It is a pleasure to serve the community members of Bonner County and the surrounding areas. The Bonner General Hospital board of directors adheres to the highest standards of professionalism, ethics, and personal responsibility. Through the dedication and effort of each representative of Bonner General Health the top priority continues to be serving our community by providing excellent healthcare close to home.”

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.