The assembly needs to be more careful

The borough assembly made a good choice in erasing the “interim” from Jeff Good’s title as borough manager. He has done a solid job since signing on Nov. 1 until the assembly could decide on a long-term hire. Stability and continuity are helpful and appreciated, especially for Wrangell as it faces multiple costly decisions in the years ahead.

But the assembly didn’t go about the hiring decision the right way last week. No malfeasance, nothing so dramatic as that. The members were well intentioned when they met in executive session Jan. 12 and 13 to interview candidates for the job, and when they decided in executive session to offer the position to Good.

Problem is, that’s not how it’s supposed to work under Alaska’s Open Meetings Act.

The law says executive sessions — meetings of elected officials closed to the public — are allowed to discuss “matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the government unit,” which generally means lawsuits and labor negotiations; and “subjects that tend to prejudice the reputation and character of any person.”

In a decision 40 years ago, in which the Peninsula Clarion newspaper sued the city of Kenai over closed-door interviews of city manager job applicants, the Alaska Supreme Court ruled that interviews could be conducted in public. “Ordinarily, an applicant’s reputation will not be damaged by a public discussion of his or her qualifications relating to experience, education and background or by a comparison of them with those of other candidates,” the court said.

Discussion among elected officials of personal characteristics, especially any flaws, could present a risk of damaging an applicant’s reputation and may be discussed in executive session, the court ruled.

The court decision is precisely on point for the Wrangell assembly’s actions of last week: The interviews of the three finalists for borough manager should have been held in public, so that the community could learn more about the applicants. The subsequent discussion among assembly members of the merits, or faults, of the applicants could be held in private.

The other flaw in the assembly’s actions was that members decided in executive session to offer the job to Good. Under the state’s open meetings law, and subsequent court decisions, elected officials may not make decisions or take action in executive session, except for giving direction on legal issues to their attorney.

After finishing the last candidate interview in private on Thursday, the assembly reconvened in public session and Mayor Steve Prysunka announced the assembly had decided to make a job offer, but did not announce who. “If they accept the offer, we will make an announcement on who that is.” Which the borough did the next day.

The law does not allow such decisions in private. The assembly needed to reconvene in a public session and vote on the record to make a job offer.

It may seem like a technicality to some, but it’s not. Elected officials need to make their decisions in public.

Wrangell Sentinel

 

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