Otoe County incident provides a lesson

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Local officials who may be tempted to fudge the requirements of Nebraska’s Open Meetings Act should learn a lesson from what happened recently in Otoe County.

Don’t try it.

Instead of avoiding unpleasantness, failure to comply with the law actually can prolong and aggravate ill will and negativity.

The intent of the law is quite clear, stating, “It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret.”

The Otoe County Board’s agenda for its Aug. 12 meeting indicated the board might discuss and take action on budgetary matters involving roads and bridges.

At that meeting, the board voted to go behind closed doors to discuss “personnel matters.” After that session, the board in open session voted to eliminate the county’s bridge department, effectively laying off seven workers.

County board members said the action would save the county about $300,000 a year.

County workers understandably were stunned by the action and said the board had “backdoored” them by using vague language on the agenda.

If the Otoe County Board thought it could get away without controversy and confrontation, it was sorely mistaken.

A follow-up meeting drew a standing room-only crowd. The board was charged with waging a vendetta. When the board majority refused to reconsider, there were shouts, groans and talk of recall elections.

And that wasn’t the end of it.

In response to a request from Nebraska Public Employees Local 251, Nebraska Attorney General Jon Bruning said the board acted improperly, pointing out that state law specifically says agenda items “shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered …”

In addition, Bruning and his chief deputy, David D. Cookson, wrote in a letter on the issue, “The board’s callous lack of respect for long-time employees is shocking to this office. Fairness and decency dictate that those employees should have had reasonable notice of the board’s desire to eliminate their positions …”

The Otoe County Board now has rescinded its action and may try again to take action legally.

Here’s the takeaway message from the attorney general:

“The actions in this case breed distrust by Nebraskans in the workings of government. Ultimately, whether the board’s decision is right or wrong, such a decision should never be made behind closed doors.”