2020-10-08 Meridian Arts Commission Minutes1
MERIDIAN ARTS COMMISSION MEETING
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Thursday, October 08, 2020 at 3:30 PM
MINUTES
VIRTUAL MEETING INSTRUCTIONS
Limited seating is available at City Hall Consider joining the meeting virtually:
https://us02web.zoom.us/j/81193783360
Or join by phone: 1-669-900-6833
Webinar ID:811 9378 3360
ROLL-CALL ATTENDANCE
_x____ Lizzie Taylor _____ Maria Tzompa
_x____ Jessica Peters _____ Jenifer Cavaness-Williams
_x____ Natalie Schofield _x____ Thomas Vannucci
_x____ Bonnie Zahn Griffith, Vice Chair _____ Logan Cloninger
_x____ Leslie Mauldin, Chair _x____ Joe Borton, Ex-Officio
1. Update: New Youth Commissioner, Raeya Wardle
L. Mauldin informed the Commission that R. Wardle will be appointed to the Commission
in the coming weeks. R. Wardle gave a brief self introduction.
ADOPTION OF AGENDA
L. Taylor made motion to adopt the agenda, seconded by B. Griffith
All ayes
APPROVAL OF MONTHLY FINANCIAL STATEMENTS [ACTION ITEM]
2. Arts Commission Monthly Financial Statement, September 2020
B. Griffith made motion to approve monthly financial statement, seconded by L. Taylor
All ayes
NEW BUSINESS [ACTION ITEMS]
3. Public Meeting Law Review & Training
E. Kane elaborated on the background of theOpen Meeting Law, how it applies to the
Commission, and best practices in keeping the Open Meeting Law. Powerpoint used for
presentation is attached below. L. Mauldin requested that the Commission review this
quarterly as a reminder to follow these guidelines.
4. Evaluate and Approve Meridian Mural Series Locations
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A. Belnap explained that she researched price points for each mural and presented two
combinations or “packages” of mural series for the Commission to approve. These
packages fit within the overall budget of the Meridian Mural Series and are prioritized
according to the ranking determined by the Public Art Subcommittee.
The Commission held a roll call vote to determine which location package to choose.
Package #1 ($21,050): 5 votes
Package #2 ($17,230): 1 vote
L. Taylor made motion to approve the locations listed in Package #1 for the Meridian
Mural Series, seconded by J. Peters
All ayes
5. Review and Approve Meridian Mural Series Request for Qualifications for Muralists
J. Peters suggested that the language “BIPOC and members of underrepresented or
marginalized communities are encouraged to apply” be added to the RFQ. The
Commission agreed to add the language in the “Eligibility” section.
E. Kane suggested that the “Eligibility” section be joined with the “Project Overview”
section at the top of the first page.
T. Vannucci suggested that the letter of interest mentioned under “Process” section 2d
includes a description of what inspires the artists about the location they are choosing to
apply for, and what inspires them about Meridian.
J. Peters made motion to approve the Request for Qualifications as amended and to
authorize A. Belnap to release the document according to the timeline listed in the
document, seconded by T. Vannucci
All ayes
6. Review and Approve Proposed Concerts on Broadway 2021 Dates
J. Peters requested clarification on the last date listed, September 21, since it is a Tuesday.
A. Belnap acknowledged the typo and stated the correct date is September 25.
N. Schofield made motion to approve the concert dates as amended, seconded by B.
Griffith
All ayes
REPORTS
7. Update: Initial Point Gallery Subcommittee
N. Schofield described the Opening Reception from earlier in the week as being small but
fun. B. Griffith pointed out that the next Opening Reception falls on Election Day. E. Kane
mentioned that in years past, that City Council and the Opening Reception is moved to the
following Wednesday. B. Griffith will as the November artists if they are interested in
canceling or moving their reception.
8. Update: Events & Outreach Subcommittee
L. Mauldin updated the Commission regarding the Subcommittee’s efforts with diversity
and involvement with other City events. T. Vannucci asked if the Subcommittee is
interested in rescheduling the meeting in October rather than waiting to meet again in
November. Leslie agreed to reschedule, A. Belnap will arrange the next meeting time.
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9. Update: Public Art Subcommittee
J. Peters informed the Commission that Meridith McKinley of Via Partnerships submitted
the final report and the Subcommittee will use that report to expand the creation of the
Public Art Plan.
NEXT MEETING - November 12, 2020
ADJOURNMENT
B. Griffith made motion to adjourn, seconded by L. Taylor
All ayes
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Emily Kane, Deputy City Attorney Presentation to Meridian Arts Commission
October 8, 2020
What is the OML?
Title 74, Idaho Code: Transparent and Ethical
Government
Chapter 2: Open Meetings Law
“The people of the state of Idaho in creating theinstruments of government that serve them, do not yield their sovereignty to the agencies so created. Therefore, the legislature finds and declares that it is the policy of this state that the formation of public policy is public business and shall not be conducted in secret.”
MAC = Governmental (sub)agency, serving the people of Meridian
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Does the OML apply to MAC?
YES!
“All meetings of a governing body of a public agency shall be open to the public.”
Public Agency: City + any “subagency”
Governing body: Board with authority to make decisions or recommendations
MAC
MAC’s subcommittees
What is a “meeting”?
Meeting = Quorum + Decision
Quorum +
Deliberation
Decision = Action
Deliberation = Receiving information…
Exchanging
information…
Exchanging opinions…
…related to the business of
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OML Compliance
All Commission and Committee meetings must:
Be noticed prior to convening: 48 hours (regular meeting) or 24 hours (special meeting)
Notice = posted at City Hall + City website
Be open to the public
Provide the opportunity for all persons to attend
Follow an agenda
Strive to follow published/adopted agenda
Law allows limited amendment of agenda after noticing or during meeting
Action may not be taken on an item added to agenda during meeting
Be memorialized in summary minutes
Word to the Wise
“The requirement that the
Open Meeting Law be
complied with should not
be evaded by holding
smaller meetings with less
than a quorum present or
by having a go-between
contact each of the
governing body members
to ascertain his/her
sentiment.”
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Ex parte info
Ex Parte Information Gathering (EPIG): Receiving,off the record, information or opinion regarding a matter pending before the Commission
Informal conversations with citizens
E-mail or phone/voice mail opinions (even unsolicited)
Individual site visits, research, interviews
EPIG happens outside a meeting EPIG deviates from the public record
“The formation of public policy is public business and shall not be conducted in secret.”
The Supreme Court says:
essentially conducts
How to handle ex parte information:
Avoid it!
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the Supreme Court also says:
The Commission is not
held to a standard of
disinterestedness.
How to handle ex parte information:
Disclose it!
Public meeting, on site, as a Commission
Public testimony
The Open Meetings Law does not require that the Commission take public comments or testimony.
BUT: The Commission president may allow or request public comments or testimony.
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Executive session
Executive session = A closed meeting.
There are 10 specific exceptions to the open meeting requirement.
It is unlikely that MAC would conduct deliberations under any of these exceptions.
If you foresee the need to hold an executive session,please consult your attorney in advance.
The law specifically allows meeting by telephone conference call (or online platform) IF:
At least one Commissioner is physically present at the noticed location
The communications are audible to all attending
Voting is not secret
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Quorum of commissioners on an email thread + Deliberations = Illegal Meeting. Violates:
Notice requirement
Physical presence requirement
Audible communications requirement
Secret voting prohibition
Creates public records – subject to disclosure to the public under Idaho Public Records Act
Even if it is your personal e-mail account, personal device
Administrative message is not “deliberation”
Open meeting violations
Any action taken in violation of the Open Meeting Law is void.
Subsequent actions are also considered tainted and therefore void.
FIX: Do-over, from the beginning.
If an action is knowingly taken in violation of the Law, the actor is subject to being individually sued and fined, and may be subject to criminal prosecution.
Any affected citizen can sue.
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Transparent + Ethical
Self-interested contracts: Commissioners may not be “interested in” any contract with the City – exceptions for volunteer commissioners
Conflicts of interest: If you are asked to make a decision as a commissioner that benefits you or your household member personally or professionally, must follow statutory process
Gifts: Commissioners (in course of official duties) may not accept gifts more than $50 in value
Corruption, bribery: Commissioners may not grant favors, for free or in exchange for money
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Questions?
City Attorney’s Office, 208-898-5506
Emily Kane, ekane@meridiancity.org
Bill Nary, bnary@meridiancity.org
Ted Baird, tbaird@meridiancity.org
Andrea Pogue, apogue@meridiancity.org
Idaho Code
legislature.idaho.gov, Click on “Laws & Rules,” then “Idaho Statutes”
Title 74: Transparent and Ethical Government
Attorney General’s Office Manuals
ag.idaho.gov, Click on “Manuals”
Open Meeting Law Manual
Public Records Law Manual
Ethics in Government Manual
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Is it a “meeting”?
5 Commissioners are at a gallery opening, talking about the best way to rake leaves. NOT A MEETING
Informal gathering of quorum is not necessarily a meeting.
Quorum but no deliberation (exchanging opinions, but not related to MAC business)
5 Commissioners are at a gallery opening, talking about Meridian hosting a Halloween independent film festival one day. NOT A MEETING
Quorum but no deliberation
BUT: If the Commissioners are later asked to make a decisionregarding this issue, must disclose this discussion during the public meeting.
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Is it a “meeting”?
5 Commissioners are at a gallery opening, talking about a Halloween independent film festival proposal that is on their upcoming agenda.
Quorum + deliberation (exchanging opinions related to MAC business)
4 Commissioners are at a gallery opening, talking about aHalloween independent film festival proposal that is on their upcoming agenda. NOT A MEETING*
No quorum, but it is deliberation.
*Violates the purpose of the law, even if no actual violation.
Is it inappropriate EPIG?
Commissioner goes to the proposed site of a future art installation that is to be discussed at an upcoming MAC meeting, in order to see what the site looks like. AVOID!
This is an off-record fact-gathering session not properly noticed or open to the public.
Inappropriate EPIG
Commissioner lives near the site and drives by every day on the way to and from work. DISCLOSE Incidental observation is not necessarily inappropriate fact-gathering.
EPIG, but not inappropriate.
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Is it inappropriate ex parte info?
The Commission wishes to see the proposed site of a future art installation that is to be discussed at an upcoming MAC meeting.
A noticed site visit is not EPIG; this is a public meeting.
Quorum + Deliberation (receiving information for the purpose of making a decision)
Must be properly noticed, minutes must be taken,and the public must be allowed to attend.