Hall files lawsuit against Ketchum
State representative might seek legislation legalizing dual service
By GREGORY FOLEY
Express Staff Writer
Ketchum City Council President Randy Hall has filed a lawsuit against the city of Ketchum, alleging that the city?s October decision to sue him is invalid because it was made at an illegal meeting.
Meanwhile, state Rep. Wendy Jaquet, D-Ketchum, is considering advancing legislation to the Idaho Statehouse that could quell the entire debate over the councilman?s status as someone who serves dual roles for the city.
In a complaint filed in 5th District Court in Hailey Friday, Nov. 5, Hall contends that a decision by the city to sue him for alleged conflict-of-interest violations should be deemed ?null and void? because it was made during an executive session that violated the Idaho Open Meeting Law.
Ned Williamson, Hall?s attorney, said he filed the suit on Hall?s behalf to ensure the city review its Oct. 8 decision to sue Hall for possibly breaking state conflict-of-interest laws.
?The goal here, quite frankly, is to make sure the City Council makes an informed decision on their options,? Williamson said. ?Hopefully, they?ll give us an opportunity to explain our position that there are alternatives to litigation.?
Williamson said the Oct. 8 executive session?one of several that excluded Hall?was illegal because it occurred without adequate public notice.
Indeed, Ketchum City Attorney Ben Worst last month acknowledged that the Oct. 8 executive session was not publicly noticed at least 24 hours in advance, as required by law.
The Hall lawsuit against the city asks for a court order declaring void the decision to sue him and requiring that the city conduct a public hearing before any subsequent decision to sue Hall is made.
Jim Davis, a Boise-based attorney who filed the October suit against Hall on behalf of the city, said Tuesday the decision to sue Hall did not need to be authorized by the City Council and therefore cannot be challenged on the basis of the illegal meeting.
?To me, it?s just stall, stall, stall,? he said.
Davis, who was hired to represent the city by the Idaho Counties Risk Management Program, the city?s insurer, said he intends to advance the city?s suit and plans to have it resolved by January.
The Oct. 8 executive session in dispute included Worst, Davis, and council members Baird Gourlay, Terry Tracy and Christina Potters.
Days after the meeting, the three council members announced that they had endorsed a decision to seek a ?declaratory judgment action? to determine if Hall has violated any laws by holding two paid positions with the city.
In addition to serving on the City Council, Hall holds a paid, on-call position with the Ketchum Fire Department.
Through Davis, the city on Oct. 15 filed a lawsuit against Hall that seeks a determination if the councilman has indeed violated Idaho Code.
The dispute between Hall and the city came to light in September, after Worst asked Blaine County Prosecutor Jim Thomas to appoint a special prosecutor to prosecute Hall for ?multiple criminal and civil conflict-of-interest violations.?
Thomas ultimately declined to prosecute Hall, but the city and Davis proceeded with their suit.
Hall has said all along that he believes he has not violated any laws and the city needs his services as a part-time paramedic and firefighter. The councilman has alleged that the legal actions and inquiries are the work of his chief political rival, Mayor Ed Simon.
?I still find it kind of strange that we are where we are,? Hall said last week. ?It?s just really bizarre to me.?
Williamson said the draft legislation Jaquet is considering for submission to the Legislature early next year could ultimately obviate the need for litigation over Hall?s dual employment with the city.
The draft language for the legislation states explicitly that it is not a conflict of interest for a volunteer firefighter or police officer to seek election to the city council of a city with a population less than 5,000. In addition, it states such a person can receive compensation for both positions.
Williamson said the draft legislation indicates that the city has ?other options short of litigation.?
Davis said the state already has a provision to allow elected officials to serve as unpaid volunteers and does not believe it would support a change that allows such persons to be paid unlimited sums.
The city?s case should be allowed to proceed unimpeded, Davis said.
?This is a pretty easy thing to get resolved if everybody?s working in the same direction."
