Private city meetings in Highland criticized

HIGHLAND — A city councilwoman says she is "deeply concerned" over the Highland mayor routinely hosting private meetings with council members.

"It's not in the spirit of the openness and public accountability," Councilwoman Kathryn Schramm said. "They're elected officials, so they should work publicly, not behind closed doors."

Mayor Jay Franson, though, said the informal get-togethers with council members are nothing more than another much-needed opportunity to communicate with those entrusted to make decisions.

"My desire with those meetings was to see what's on their mind, get feedback," Franson said. "And, oh by the way, if we get to know each other better, that's just frosting on the cake."

After attending one of the confidential meetings, Schramm never returned. The second-term councilwoman said she felt uncomfortable.

The rejection caused some tension among City Council members with whom she often finds herself at odds, according to past council votes.

The public doesn't seem to mind Schramm's stubborn style; she received more votes in 2007 than any other council member.

Schramm said she suspected the private, hourlong discussions in the council chambers prior to each meeting were possibly illegal under the Utah Open Meetings Act, which calls for deliberations to be "conducted openly."

The act, however, allows such meetings because there is not a council quorum present. The law says meetings must be open to the public if a simple majority of the council is present. The mayor only meets with two of the city's five council members at a time, one person shy of a majority. One more council member's attendance would transform the get-togethers into a violation of state law.

"It may be legal and done in accordance with the letter of the law, but it doesn't appear to follow the spirit of the law when it's purposely configured to bypass public access," said Jeff Hunt, an attorney who specializes in open-meetings law.

Franson said he purposely arranged how many were invited to the private meetings so they would not be open to the public, but he said secrecy was never an objective.

"It was simply easier and more efficient than calling each individually to get their thoughts," Franson said. "But I can see (Schramm's) concern now. And if others perceive it to be an issue, then it is an issue. Maybe I should take a look at it."

Highland city administrator Barry Edwards, who also attends the meetings, said the agenda is "rarely discussed."

"It is more of a free-flowing conversation about what's going on in the city," Edwards said.