Carbon County officials began the year debating the legitimacy of its annual salary board agenda, arguing over the order of motions that had been published on the proposed agenda and reviewing only a fraction of the motions that were on exhibits and agenda before adjourning to today.

During the annual salary board meeting on Tuesday, required to set the salaries for all county employees for the year, the board split on a number of items.

After the meeting was opened, Commissioner Chris Lukasevich questioned if the county had violated the Sunshine Act by not posting the exhibits that were referenced on the agenda.

He cited Senate Bill 554, which was signed into law in August 2021 that required agendas to be posted online at least 24 hours before the meeting occurred. Carbon County posted the agenda on Friday afternoon due to Monday being a holiday, but did not include exhibits, which showed the proposed new salaries for all positions that officials were bringing before the board.

Lukasevich said he felt the posting “failed to include the exhibits, which were a critical and essential part” and asked county solicitor for his ruling.

Commissioners’ Chairman Wayne Nothstein said that the county didn’t post the exhibits for the January 2022 meeting and the same issue hadn’t been raised at that time.

“We failed to comply with Act 554 as signed by the governor,” Lukasevich responded.

Solicitor Robert Frycklund weighed in with his interpretation of the act, which states that “the agency shall post the agenda, which includes a listing of each matter of the agency business, which will be or may be the subject of deliberation and official action at the meeting.”

He said that based on the Sunshine Act frequently asked questions under the office of open records, his determination is that the agenda “meets the requirement” because the exhibits are proposed, pre-deliberative material that may or may not change and be amended during the meeting.

“We’ll just have to agree to disagree,” Frycklund told Lukasevich.

Court placement

After the board settled the matter on the Sunshine Act, Nothstein questioned why the agenda order had been altered to put the courts at the end, instead of in the beginning as it always had been.

He said that for as long as he could remember, the county always provided the courts with an opportunity to go first out of respect to the other branch of government.

Lukasevich said that this had been discussed in an email thread and “it was determined that was decision was made during an executive session.”

Commissioner Rocky Ahner said that he believed a discussion for the change had occurred.

Nothstein asked who instructed the staff to make the change because the email thread is just a discussion and not an action.

President Judge Roger Nanovic questioned the board because decisions cannot be made during executive sessions.

The board then split on its opinion because Nothstein motioned to move the courts to the front of the agenda.

Frycklund read Robert’s Rules of Orders, section 41, which states that a pre-circulated agenda is not binding as to the detail or order of consideration.

“What would have been the reason to begin with to put the courts at the end?” Nothstein questioned. “Give me a good reason why you wanted that different order.”

Ahner said that maybe it was because the courts might not have taken them long and to give them the precedents to come in and leave.

He added that the courts only had one main motion, while the other offices had several.

Lukasevich said he supported this particular agenda order because “it was for strategic reasons, which are part of my strategy, which I would not divulge as I work toward supporting the best interests of the citizens of Carbon County.”

Nothstein said that was what he wanted to hear and asked Nanovic if he had any comments to this matter.

Nanovic said that the previous boards allowing the courts to go first was a courtesy given to the separate branch of government and said that this board’s move to end this courtesy was unfortunate.

He also addressed Ahner’s comments, noting that his motions were no fewer than others, alluding that he felt it would come down to line item-byline item for his motions, which is what happened after a failed motion for the exhibit.

After a lengthy discussion, again looking to Frycklund for his interpretation, Nothstein, as chairman, overrode the others and allowed the order of the agenda to change, leading the way for Nanovic to proceed.

The meeting continued, with motion after motion by the courts being rejected, amended and voted on again until approved.

The meeting was adjourned until 10 a.m. Wednesday, when the remainder of the motions by row officers and the commissioners would take place.