BLUAC gets wrist-slap for illegal meeting

By ALEX STRICKLAND / Bigfork Eagle

The Bigfork Land Use Advisory Committee was given some advice last week from Flathead County Attorney Jonathan Smith: Make sure to notice your meetings.

BLUAC violated state open meeting statutes when a quorum of members showed up at the Eagle Bend Clubhouse last week to meet with Flathead County Planning Director Jeff Harris.

Bob Keenan, who used to serve on the board and is currently in the race for House District 9, saw the meeting taking place while preparing to play a round of golf and notified the county attorney and BLUAC of the violation.

BLUAC Chairman John Bourquin said there was no action taken or planned at the meeting and that it was only designed to discuss the timetable for staff reports with Harris.

"We weren't going to make any decisions," Bourquin said. "But under the letter of the law we're guilty and we did screw up."

Public meeting laws stipulate that all meetings of any public body where a quorum of members are present must be noticed and open to the public.

Smith said that the only remedy for a violation of open meeting laws is to file suit to nullify and decisions made at the meeting in question, but "since there were no decisions, there's not much to do."

Smith said he spoke with Bourquin and notified him of the committee's violation and cautioned them to be more careful about posting notice in the future.

"We encourage all the local boards to keep that in mind," he said.

Bourquin said the person responsible for noticing the meeting was unaware that such an informal gathering needed to be announced and added that minutes for the meeting were sent out and posted on the committee's Web site, http://www.bigforksteering.org/bigfork-land-use-advisory.html.

"We're obviously not trying to hide anything," he said.

Keenan noted that his appearance at the meeting — he came in twice, once to notify members of their violation and again a minute later to write down names of those present — was not recorded in the minutes.

The next regularly scheduled BLUAC meeting is at 4 p.m. on May 29.