WEST JORDAN — An expert on Utah's open-meeting law says West Jordan elected leaders broke the law last week in a closed City Council meeting, and they're about to break it on Tuesday when they have another closed session.

One West Jordan City Council member says the law is general enough he doesn't believe there was an intentional violation.

And the mayor says, "So?"

At issue is the selection of the new city manager.

On Nov. 28, West Jordan City Council members and Mayor Donna Evans met with a recruiting firm the city hired to conduct a job search, as well as four finalists.

The candidates were interviewed in the closed session, and elected leaders, after discussion and polling, reached a consensus on the final pick.

"We discussed it, and we all agreed this was the person we wanted," Evans said.

The city has refused to reveal the name of the person selected, saying it will wait until the choice is finalized in an open meeting Tuesday night.

On that evening, the council is scheduled to go into a closed meeting to discuss an "employment agreement," with the soon-to-be-new hire, according to the West Jordan City Council packet. Afterward, they are to vote on a resolution naming the city manager.

Utah law demands all meetings of public agencies be open to the public, with a very narrowly defined list of exceptions to that demand.

One of those exceptions allows a closed meeting for the purposes of the "discussion of character, professional competence or physical or mental health of an individual."

Evans said she believes last week's meeting is within the law as well as the pending discussion on the employment agreement.

"We wouldn't do it if we didn't think it was legal. We understand nothing is binding until we vote on it in a public meeting."

Attorney Jeffrey Hunt, an expert on Utah open meetings and documents law, said it is OK to have a closed-door discussion about the strengths and weaknesses of job candidates, but the ultimate selection needs to made in public.

"As a consensus becomes apparent, they should adjourn from closed session and make a motion in a public meeting to hire that person."

Just because West Jordan didn't take an "actual vote" on their choice, doesn't mean elected leaders didn't break the spirit of the law, Hunt said.

"The decision has been made. It's rather hard to scrutinize the job the council is doing in the selection process when only one name comes out in the end."

Evans said to have the interviews conducted in public meetings would turn the process into a "zoo."

"I don't have any qualms about what we did at all. This is such an important part of getting our city on track, we can't compromise."

West Jordan City Council member Gordon Haight says the rating of candidates and ultimate selection didn't amount to a "vote" behind closed doors.

"I think we could strain at gnats and swallow camels on this thing, but I think any other city council would do the same."

The closed-door session on Tuesday to hammer out terms of the employment agreement with the yet-to-be announced city manager is being closed under the law's allowance for discussing the character and competence of an individual, Evans said.

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"We're still negotiating a contract with this person," Evans said. "We're closing it for the discussion of personnel."

Hunt says that's illegal.

"If they're talking about the financial aspects of his employment with the city, that is the kind of discussion that needs to take place in public. There is no exception to that in the law."


E-mail: amyjoi@desnews.com

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