Did Ada commissioners violate open meeting law with Labrador move? A review is underway
The Ada County Commission has been accused of violating Idaho’s open meeting laws in its appointment of Raúl Labrador to the Central District Health board, and a special prosecutor has been appointed to investigate.
The decision to appoint Labrador, made Tuesday, was criticized after it appeared that new Republican Commissioners Rod Beck and Ryan Davidson had talked about the appointment outside of a public meeting.
Davidson said he and Beck had been approached by Labrador about the role and selected him “so that we can make sure we have somebody on the board as soon as possible,” he said Tuesday.
Commissioner Kendra Kenyon, a Democrat and the only holdover from the past commission, said Tuesday that she didn’t think Labrador was necessarily unqualified, but did think Davidson and Beck were rushing into a decision. She said she was concerned that they had already “teed up” Labrador’s appointment without public discussion.
“Normally, we have at least a day or two to discuss these appointments,” she said.
The three-person commission appointed Labrador in a 2-0 vote. Kenyon abstained.
It’s not clear who made the allegation that the law was violated.
Idaho’s Open Meeting Law dictates that a quorum of members of any governing body must meet publicly when deliberating on matters. Guidance from the Idaho Attorney General’s Office indicates that commissioners are allowed to talk to each other outside meetings, but they may not make decisions that are part of the public’s business.
Elizabeth Duncan, Ada County spokesperson, wrote in an email Tuesday that Beck had a conversation with Labrador about the matter in December. Labrador expressed interest but Beck said he did not hear confirmation from Labrador until last Friday, Jan. 8, Duncan said.
Ada County Prosecutor Jan Bennetts said in a statement that her office typically reviews cases of alleged open meeting violations, but the Ada County commissioners are her clients, which disqualifies her from looking into the matter.
“I have requested Canyon County Prosecutor Bryan Taylor to act as a special prosecutor to review this matter,” she wrote in an emailed statement. “He has agreed to do so.”
Kenyon is now asking her fellow commissioners to reconsider their selection for the board, according to the commission’s newest agenda.
Labrador, a former U.S. congressman and former state GOP chair, was immediately a controversial choice. An Eagle resident and a lawyer with Skaug Law in Nampa, Labrador has called the use of masks “overrated.” He came under fire last month after being photographed at a Boise mall while not wearing a mask. Critics also have pointed out that he said during a Lewiston town hall in 2017 that “nobody dies because they don’t have access to health care.”
Labrador, himself unelected, then talked after the appointment about watching “over the last year as unelected officials have been making decisions that affect people’s lives in a most intimate way.”
Former Commissioner Diana Lachiondo previously held the position that Labrador would fill on the health board. She regularly advocated following guidelines from the Centers for Disease Control and Prevention and listening to local medical experts, but she lost her re-election bid in November to Davidson.
Kenyon, who was not available for comment Friday, is submitting at least one additional candidate to be considered for the board, according to the new agenda. No candidate was named.
Labrador did not immediately join the board after his appointment. Christine Myron, a Central District Health spokesperson, said Tuesday that when someone other than a county commissioner is appointed, “the other county Boards of Commissioners within CDH’s jurisdiction must each cast a vote with a majority of commissioners approving the appointment.”
The process often can take a few weeks, Myron said Tuesday.
The health district covers Elmore, Valley and Boise counties, in addition to Ada.
The new appointee may receive payment of $75 per day, according to state law, although exceptions apply to full-time commissioners. No formal public health training is required for board members beyond an orientation process, Myron said.
This story was originally published January 15, 2021 at 1:26 PM.
.jpg)