According to a letter from attorney Nathan Rietmann, Coos County citizens deserve to witness a vote of the structure advisory committee members before the commission can consider the findings and conclusions presented by the committee. Nathan Rietmann is the same attorney who represented the plaintiffs in a civil suit brought in Lane County where members of the commission were found to have deliberated on decisions outside of public view. Representing Randy Sanne and Robert and Carol Fischer Rietmann sent an email to committee liaison, Fred Messerle this afternoon.

Based on my review of the Structure Committee’s public deliberations, it appears the Structure Committee has presented recommendations to the Board of Commissioners without taking a public vote on those recommendations. My clients respectfully submit that a public vote is necessary in order for the public to properly assess the Structure Committee’s recommendations.

For example, in the absence of a public vote, it is not possible for the public to ascertain whether a majority of members support the Structure Committee’s recommendations. Similarly, in the absence of a public vote, the public cannot identify the individual committee members who support or oppose the Structure Committee’s recommendations. The public needs and deserves this information, particularly in light of recent events suggesting the Structure Committee’s recommendations do not have the unanimous support of members.

Beyond the above, the Structure Committee is legally required to take a public vote on its recommendations. State law specifically states: “[a]ny authority conferred by law upon three or more persons may be exercised by a majority of them unless otherwise provided by law.” ORS 174.130. The Structure Committee is a body consisting of three or more persons, which has been granted authority by law to make recommendations to the Coos County Board of Commissioners. Consequently, the Structure Committee is only authorized to make recommendations to the Board of Commissioners if a majority of members support those recommendations. A public vote is necessary to determine whether the required consensus exists.

Moreover, the Structure Committee’s own bylaws specifically require a public vote. In this regard, Section 4 of the Structure Committee’s official bylaws states: “[a] majority of members present at a meeting must vote in favor of any proposed decision or action of the Committee before the recommendation(s) are made to the Board.

Based on the above, it is evident a public vote is needed in order for the public to properly assess the Structure Committee’s recommendations. In addition, it is clear the law requires a public vote.

Co-chair, Al Pettit claimed on February 7 that the findings presented by the committee were the product of unanimous consent of all seven voting members taken on Nov 9. No public vote was ever taken on November 9 or any other date and committee member, Sheriff Craig Zanni, says to his knowledge no vote was ever taken. Zanni has since presented a minority report (also not voted upon) but representing three of the seven members that disputes or disagrees with some of the findings submitted by Pettit.

According to Rietmann, the Lane County case cost the citizens and two of the commissioners a combined total of more than $300,000 and fundamentally changed how the commissioners conduct the peoples’ business and prompted a legislative challenge to the existing public meetings law.

If you agree that a public vote is necessary please contact the commissioners and demand the committee abide by its own bylaws and Oregon statutes.

Bob Main

(541) 396-3121 ext 770

email Bob Main

Fred Messerle

(541) 396-3121 ext 247

email Fred Messerle

Cam Parry

(541) 396-3121 ext 281

email Cam Parry