By Ron Smith

I am writing in response to aspersions cast against county commissioners in a guest opinion published in last week's Bonners Ferry Herald by Donna Capurso, whose comments were untruthful, misleading and inflammatory.

Her comments were in regard to a public hearing held Sept. 8 on the county budget, and questioned the process used at that hearing.

Under Idaho Code, there are two types of public hearings that can be held; quasi-judicial, where a governing board is called upon to “judge” an application or request from a constituent, and where people are usually clearly for, uncommitted or opposed to a specific proposal, and legislative, which are held to pass ordinances, laws and budgets, where there is more gray area and people might be in favor of one part of the subject under consideration, but have concerns or questions about another.

By calling for general public comment, those who respond at legislative public hearings are able to express their views without the bias of being for or against.

The process for each is slightly different, but are designed to solicit the widest public comment possible. Pursuant to Idaho Code, the hearing was taped to provide an audio record, which is available to the public for the asking.

Because I was aware of a letter being circulated prior to the hearing encouraging attendance at the hearing by alleging that we were up to nefarious ends, I was particularly careful to ensure that everything went by the book.

On the evening of Sept. 7, I called commission clerk Michelle Rohrwasser at home and asked her to call our county civil attorney first thing in the morning to make absolutely sure that the process we were planning to follow was correct, and when I arrived I was informed by her that he'd called and affirmed that the process was legal and correct for a legislative public hearing.

As is done at the outset of every public hearing, I, as chairman, explained the process we would be following for the hearing, including the point at which public comment would be accepted.

In attendance were we three county commissioners, our clerk, Treasurer Jennifer Fessler, budget officer Glenda Poston, assessor David Ryals, outside auditor Leonard Schulte and seven members of the public. Donna Capurso was not in attendance, but her husband, Terry, was.

After explaining the budget under consideration, I asked for input from my fellow commissioners and the elected officials in attendance to further clarify how we arrived at the budget under consideration.

Afterward, I asked if there were any questions or comments from anyone in attendance. After a long pause, assessor Ryals asked for clarification on the hospital levy. I answered his question and budget officer Poston provided additional data to affirm my answer. When she finished, I asked again if there were any questions or comments; no one responded.

After a pause, I closed the hearing to public comment and called for discussion among commissioners or a motion. Commissioner Dan Dinning made motion to approve; Commissioner Walt Kirby seconded, and at that point Mr. Capurso raised his hand, questioning when public comment would be taken.

I told him that even though he'd had two opportunities to speak and that the time for public comment had past, I would allow his comment, though it was a breach of process.

Rather than availing himself, now for the third time, of his opportunity to give testimony on the matter at hand, Mr. Capurso instead accused my fellow commissioners and I of deliberately changing the process so as to exclude his and other public comment, despite having heard the process explained in detail at the outset of the hearing and my two clear calls before the vote for public questions or comment.

I will not take the blame that he did not avail himself of that opportunity until it was too late. I have my suspicions that it may have been a deliberate act on his part, designed to generate more grist for their mill of discontent. I'll put my integrity, honesty and dedication to the well-being of this community against theirs any day.

I have absolutely no doubt that I speak not only for myself but for both Dan Dinning and Walt Kirby when I say we take the public hearing process very seriously, and strongly encourage public participation and comment in the legal method proscribed by Idaho Code. None of us has lost sight of the fact that we are here to serve the public, a task to which each of us are dedicated.

I don't mind people disagreeing with me or raking me over the coals when it's warranted, but it offends me when an attempt is made to make me the scapegoat for what was either a lapse or a deliberate ploy on someone else's part as the Capursos have done.

Ron Smith is chairman for Boundary County commissioners.