MASON CITY – At-Large City Councilman Scott Tornquist has alleged that open meetings laws were violated by four City Council members.
The accusation was apparently leveled against Max Weaver, Jeff Marsters, Don Nelson and Travis Hickey. All four signed a memo that in essence shows that all four support an agenda item terminating a 28E agreement between the City of Mason City and the Chamber of Commerce. The Vision Mason City agency, which cooperates with the Chamber in the agreement to promote tourism to Mason City, shares offices and some equipment and staff with the Chamber. A Council agenda item (#18) proposed that after a year, the agreement would be terminated and Vison Mason City would become a “stand alone” agency and receive no further support or guidance from the Chamber, and would likely move into it’s own office. Read the memo that four Council members signed, here.
The Council voted 5-1 to approve the measure, with Janet Solberg also voting yes. Scott Tornquist voted no.
Calling the process by which the measure made it to the Council agenda “bizarre,” Tornquist referenced his comments on a website he operates. In his comments on the matter, Tornquist claims to have discussed the memo with City Attorney Tom Meyer. “The City Attorney has advised that… there is not technically a violation of the open meetings law.” However, Tornquist asserts that the memo “takes a position on the agenda item, a position that the signatories attest to as their own.” He goes on to say that no “physical meeting” has to take place to break open records laws. “If more than three council persons talk with or through each other in any manner to communicate their positions, or those of their colleagues, for the purposes of reaching a conclusion, the intent of the law has been violated.” Tornquist conceded that “such occurrences are virtually impossible to prove.”
Tornquist claims he never took part in discussing the agenda item. “I am thankful that I did not become participant number five in what could be perceived by any logical person as a violation of the open meetings law, at least in spirit.”
Chamber of Commerce Director Robin Anderson seemed to insinuate an open meetings violation as well, or at least some impropriety on the part of the four Council members who signed the memo. She took the podium during a public forum and addressed the issue. “It has been widely publicized that item number 18 on tonight’s agenda has had the necessary four votes for passage since last Tuesday’s Council work session.”
Immediately after the Council meeting, Councilman Jeff Marsters was able to visit Tornquist’s website and read his allegations. “He’s accusing us of breaking the law,” he told NorthIowaToday.com.
Marsters later told NorthIowaToday.com that “I was involved in no meeting with anyone. It was posted on the agenda for the past Tuesday work session for all to read. I was asked if I would sign a letter of support by Mr. Weaver. I said I supported the concept and had asked the council to take similar action more than 2 years ago (public record).”
Marsters also says he asked the opinion of City Attorney Tom Meyer before signing the memo, asking him whether it was a violation to do so.
NorthIowaToday.com obtained an email sent from Marsters to Tornquist late Tuesday evening. “It’s great you know more about law than the City Attorney,” Marsters told Tornquist. “I asked his opinion long before signing the document. How dare you make accusations of breaking the law.”
NorthIowaToday.com also spoke with Travis Hickey. Asked whether there was a meeting between the four Council members who signed the memo, Hickey said “nothing could be farther from the truth. I never talked to Jeff or Don at all about it. Max asked if I’d be willing to sign off on it and I did.”
Max Weaver says it was his idea to garner the four signatures on the memo “to show suport.” “A lot can happen between Friday and Tuesday. The votes are never in the bag. You never know which way it’s gonna go. That’s the sweetness of a democracy.”
Weaver says it’s all a case of sour grapes.
“Anytime the Chamber, Mayor and certain Council members don’t get what they want with the help of their ‘go to media’ they play the ‘cheat card.'”
NorthIowaToday.com asked Mr. Tornquist if he will “insist on an investigation into this matter.” No answer as of late Tuesday was given. NorthIowaToday.com will continue to follow this developing story.
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