Morse Bluff responds to complaints sent to attorney general

by Nathan Arneal
Published 2/22/06

The Morse Bluff Village Board of Trustees is in the process of responding to a letter from the attorney general of Nebraska regarding complaints it has received about Open Meetings Act violations.

Since the complaints were brought to the board’s attention, board member Tyler Vyhlidal and long-time village clerk Kathy Mensik have resigned. Vyhlidal was elected to the board in November. Mensik continues to fill to role of clerk until a replacement is hired.

The complaints were lodged by Morse Bluff resident Sandy Vosler, who has also alleged statute violations against the North Bend City Council in recent months.

At the Feb. 15 village board meeting, the board reviewed a response to the attorney general’s letter put together by attorney Maureen Freeman-Caddy, who was hired by the village in January. The proposed response addressed nine complaints filed by Vosler on four different dates in January.

Several of the complaints dealt with public access to meeting agendas before the meeting. Freeman-Caddy’s letter said that in the future the board will direct the clerk to publicly post the meeting notices and agendas together to address this concern.

Another complaint said agenda items requested by Vosler were not added to the agenda verbatim, as he requested.

In the complaint, a copy of which was sent to the Eagle, Vosler said he sent a text message to Mensik saying, “I would like to discuss a direct violation of the open meetings act via the city clerk Kathy Mensik. Nebraska state statutes 84-1407 - 84-1414. specifically pertaining to 84-1411.”

The item appeared on the agenda as, “Sandy Vosler concern regarding agenda items.” Vosler wrote in the complaint that this was evidence that Mensik and board chairman Robin Simanek conspired to “intentionally circumvent the mention of the open meetings act” to “shadow its seriousness from public view and the board’s conscience.”

He also said his four requested agenda items were condensed into two items on the agenda.

Freeman-Caddy wrote in the response letter that the Open Meetings Act does not require a village to grant public requests to add agenda items, and it does not require items to be added verbatim to a citizen’s request.

“Though it was not added verbatim,” the letter stated, “each agenda item added contained a sufficient description of what was to be discussed at the meeting.”

Another allegation said the clerk omits information from the minutes. The response letter said the minutes are not required to be word-for-word or a transcript of the meetings, but to contain the substance of what was discussed at the meeting. It said the Morse Bluff minutes meet this requirement.

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