Library Network hires two attorneys, fires one

POST FALLS — The Community Library Network board of trustees hired two attorneys and fired one — all in one day.

During a special meeting held Friday afternoon at the Post Falls Chamber of Commerce, the board majority voted to hire Boyles Law.

Before the meeting, director Alexa Eccles had brought on former Coeur d'Alene city attorney Mike Gridley to fill the legal counsel void left after the board's former attorney, Katharine Brereton, resigned June 21 before the board majority had the opportunity to let her go.

The board was crafting a retainer to hire Dennis Colton Boyles and Boyles Law, but the agreement had not yet been formalized.

An attorney from the Idaho Counties Risk Management Program, who served as free counsel to the board, had also withdrawn, apparently because of lack of effective communication from Chair Rachelle Ottosen, who admitted to only emailing rather than attempting to communicate via phone.

Eccles began interviewing attorneys Monday. With the vacancy, she exercised her power as director to ensure the board was not without counsel. Per Idaho Code, the library director may hire employees as may be necessary for operations. The director shall hire or oversee the hiring of all other employees based on policies, procedures and job descriptions of the city, the law states.

"I still hold that the authority to hire and contract for under $50,000 remains with the library director," she said. "In terms of abbreviating, abridging or taking away a contracting authority, it would be catastrophic for the operations of the facility and the district.”

The board majority's vote to hire Boyles Law therefore terminated the contract with Gridley. Ottosen, Vice Chair Tom Hanley and Trustee Tim Plass voted in favor of hiring Boyles. Trustee Vanessa Robinson abstained. Former board chair and longtime trustee Katie Blank vehemently opposed.

"I'm in absolute disagreement," Blank said.

She said the board didn't have the opportunity to interview other law firms in an equal fashion and find one that would work for the entire board.

"At this point and time, Boyles Law does not work for the entire board and I think our director, as well, has some severe reservations," Blank said. "So, for that reason, I'm not in favor of this."

Eccles, who read her findings after interviewing Boyles, said she could not recommend the firm as general counsel because of the lack of legal expertise in employment, libraries and the weak composition of staffing. She said much of Boyles' time is currently devoted to supervising a new attorney and five legal interns.

Eccles said that, during her meeting with Boyles, he suggested he had experience negotiating "lucrative employment contract settlements."

"I stated I did not understand what he was saying. He clarified that 'contracts have value' and he has worked successfully making sure that the parties are compensated for the value of the contract," she said. "In the context of this meeting, I felt this statement was offensive and completely inappropriate."

She said he demonstrated, at a minimum, poor communication skills.

"I thought Mr. Boyles' behavior was out of professional bounds," she said. "I should not have experienced feeling like I was offered a financial incentive to go along with hiring his firm."

The meeting agenda included an executive session, during which the board would have had this discussion, however the two-thirds vote necessary to go into executive session was never reached as Robinson and Blank voted against the motion.

Plass admonished Eccles for reading her findings for the public to hear. He invited Boyles, who was in attendance, to defend himself.

"This is my recollection, my feelings and my opinion, and, again, an ethical dilemma," Eccles said, adding that she didn't appreciate Plass telling her he didn't believe her when she shared her concerns with the board at a previous meeting.

"The board has clearly not regarded the opinion of the director and the concerns that I expressed at an appropriate level," Eccles said.

Boyles said he thought the meeting with Eccles went well.

"I tried to be polite, I tried to put her at ease, I tried to be relaxed. I know attorneys can be hard to approach sometimes," he said. "It wasn't my intention at all to make her uncomfortable, not at all. And in fact, I usually start off conversations, because I know I can be a little brash, and say, 'I'm sorry if I'm aggressive, will you let me know if I'm being aggressive?' so that way they're cooperating with me instead of me making them defensive if I ever act inappropriately."

Blank brought up the fact that Boyles is currently on unsupervised probation for driving under the influence and has a breathalyzer in his vehicle.

He was arrested in November after he was pulled over for driving 75 mph in a 55 mph zone on U.S. 95 and not maintaining his lane, according to court documents. Boyles responded he is now living the alcohol-free life.

"You don't know you have a problem until you know," he said

Also during the meeting, the board majority voted to amend its Financial Management Policy, despite Eccles' warning that doing so would be reckless. She said she recommends having policies reviewed by staff, legal counsel and auditors before changes are made.

The language has been updated to include the word "may" so the policy now states: “The board of trustees may delegate to the library director the authority to contract on behalf of the Library for the purchase of goods or services when the annual aggregate amount of the contract is $50,000 or lesser value and said purchases are pursuant to a budget previously approved by the Board.”

Blank pointed out there was no discussion on the motion. Eccles cautioned that if anything is procedurally inappropriate, it could nullify the motion and the action.

No public comment was taken during this meeting, and it had not been offered at other special meetings. Blank requested every meeting have a 30-minute public comment window since the board has been addressing issues normally reserved for regular meetings and the public has not had a chance to share thoughts or concerns with the trustees.

Hanley replied that the public has the opportunity to provide input at regularly scheduled meetings and that public comment is optional.

"The public has a right to comment," Blank said.

Plass said the board has two two-hour sessions coming up to work on the library network's budget.

"I don't want to derail a two-hour meeting with 25% of it going to public comment," Plass said. "They'll have that on Thursday."

Robinson weighed in that when last-minute policy discussions are added to agendas as action items, public comment should be heard.

"If they see that there's a policy change coming up and they can't come in and speak, that might be a little hurtful to the public,” she said.

Upcoming meetings:

• Monday: Special meeting, budget discussion. 2-4 p.m., Post Falls Library, 821 N. Spokane St.

• Tuesday: Special meeting, budget discussion. 2-4 p.m. Post Falls Library

• Thursday: Regular meeting, 1-4 p.m., Post Falls Library

• July 25: Special meeting, budget discussion. 2-4 p.m., Post Falls

Visit communitylibrary.net/board to contact Community Library Network trustees.