City Government
Eagle Mayor On Legal Thin Ice
March 11, 2009 
Eagle’s Mayor, Phil Bandy is skating on some legal thin ice and the temperature is rising with regard to his refusal to make public the names and resume’s of applicants to fill a vacant city council seat.
Bandy has ordered the clerk’s office to withhold the public information contained in the applications and until today he wouldn’t even reveal the names of those seeking to govern the citizens of Eagle. The clerk will offer the names and NOTHING more about the applicants.
In our democratic society it is unthinkable to withhold vital information and deny the public any voice in vetting those who seek to consume and spend tax money.
In an important decision rendered in 1996, FEDERATED PUBLICATIONS (former owner of the Idaho Statesman) vs BOISE CITY, the Idaho Supreme Court ruled the names and resumes of applicants for appointment to a vacancy in city council are NOT exempt to disclosure.
Legacy media has been unable to get the information, but The GUARDIAN has made some inquiries into the matter and we are confident the wayward mayor will see the light and comply with the Idaho Code upon advice of legal counsel.
The GUARDIAN has filed a formal request for the names and resumes and we are prepared to go to bat for the citizens of Eagle to force compliance with the law, but expect the information to be made public soon.
UPDATE 4:15 p.m.–After filing a public records request, the GUARDIAN received the complete applications of all the candidates without comment or explanation. It appears common sense and cool heads prevailed.
GUARDIAN SUMMARY OF APPLICANTS:
- JAMES MURPHY, ex copper in L.A.
- JEANNE JACKSON-HEIM, former mayor of Jackson, Wyoming
- Don P. Roehling, Eagle P&Z commish and H-P mgr.
- MARK J. MILLER, H-P environmentalist
- ROBERT S. BRUCE, Eagle sewer district and engineering firms
- JOHN GRASSER, business techie
- JULIE BARTHLOW, paralegal
- RUSSELL VAN LIEW, activist
- ROBERT G. TEFFETELLER, sales rep
- LOIS OTTING COVELLI, info techie
- TERESA YRAGUI, financial advisor
- VAUGHN WARD, reserve USMC officer, ex-CIA, ex-McCain/Palin campaign
Check out the Eagle City Council applicants.
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Comments & Discussion
Comments are closed for this post.
Mar 11, 2009, 4:44 pm
Either the Mayor of Eagle is inept (igornant of the law despite counsel) or willful/manipulative. In either case, he’s a woeful administrator and undeserving of the public trust. Phil, you gotta go. Let somebody who knows what they’re doing run the City or at least make honest false starts. Your track record is lame and there’s too much at stake.
Mar 11, 2009, 5:34 pm
I think its sad when public official think they can do what ever they want. Maye if this continues we can get a recall petition going.
Mar 11, 2009, 9:03 pm
This is part of the interview Bandy provided the Valley Times from this past Monday, he writes his own propaganda as he has proudly announced in previously pen article in the Valley Times and Statesmen
Below is what he claimed prior to fixing the problem.
Mayor Phil Bandy said 10 applicationswere received but “a recent review of the Idaho Public Records Act suggests the release of that information may not be allowed.”Idaho Code, Title 9, Chapter 3, Section 40C(1) states that information about applications including names “shall not be disclosed to thepublic without the applicant’s written consent” and only the namesof the five final applicants “shall be available to the public.”
Bandy tends have his own interpretations of what Idaho Statutes define as the Law, we have seen it in many issues here in Eagle, makes you concerned the City attorney is a good waste of taxpayer dollars.
EDITOR NOTE–Here is how the Supremes viewed it: “A member of a city council is a local governmental official, not an employee. I.C. §§ 50-701 to -704 (1994). Because the exemption from disclosure contained in I.C. § 9-340(36) does not apply to an applicant for appointment as a local governmental official, we conclude that the name and resume of an applicant to be appointed to a city council are NOT exempt from disclosure.” This decision is the applicable law.
Mar 11, 2009, 10:17 pm
Here is how the game is played…
When it is time to bring on a new player, the old leaves before their term is up. This allows one of the good ol’ boys (or girls) to be appointed.
Come voting time, the voters usually just vote for incumbents, so the temp turns into a career politician. This keeps the rich and powerful in charge, and the dirty peasants out.
Mar 11, 2009, 11:24 pm
Good Lord, Tom Anderson, with a cynicism like that you, too, are going to become grumpy. Welcome to my world, Tom. Too many years have I seen the haves, have, and the others remain outsiders, disaffected, and, eventually, disenfranchised.
(Sorry about all the commas, I was taught English a very long time ago, by a teacher who really liked them)
Mar 11, 2009, 11:30 pm
G-Man you get a knuckle bump on this one and I will even spring for a tenner on the donate button. The Daily not only didn’t get the background you provided, they didn’t seem to care. It just doesn’t seem…LOGICAL
Mar 12, 2009, 6:12 am
Dang with that Kind of talent what does this job pay? Or do they all have a agenda that they plan on implementing that will make them all profitable. Should I be more trusting of these people?