Dept. of Emergency Services Meeting Closed to Public

 (blogmaster's note - this story published in the Bismark Tribune is referring to planning meetings regarded anticipated increases in dam releases due to a revised forecast of mountain runoff by the Corps of Engineers)

Originally published on May 12, 2011 in the Bismark Tribune
Click here for original link
By Brian Gehring

A meeting with seven national, state and local agencies Thursday to discuss high flows on the Missouri River and future projections for the river was structured in way that it was closed to the public.

A Bismarck Tribune reporter and photographer as well as a representative from Sen. Kent Conrad's office were denied access to the meeting that took place at the North Dakota Department of Emergency Services office at Fraine Barracks.

Greg Wilz, director of the division of homeland security for the department of emergency services, told the Tribune the meeting was for planning purposes only and not an "emergency meeting."

Wilz told the Tribune he selected those invited to the meeting to avoid open meeting laws and that he didn't "need" the media present at the meeting so officials would be able to talk freely and be able to air any dirty laundry.

Marty Boeckel, Conrad's state director for western North Dakota, was turned back at the gate along with the Tribune reporter and photographer.

A spokesman for Conrad's office said after reading an article in Wednesday's Tribune, Boeckel went to the meeting to gather information on flood protection efforts for the Bismarck area but was denied access.

"It is disturbing that a representative of Senator Conrad was barred from the meeting today," said Sean Neary, director of communications for Conrad.

Wilz told the Tribune he anticipated objections to the closed meeting. He said he contacted his attorney and was told it was OK to close the meeting.

Jack McDonald, attorney for the Tribune, said the law prohibits groups from skirting around open meeting requirements to hold a series of meetings, but he said they may be within the law to close one.

The Tribune requested any handouts and audio recordings from the meeting and was given a meeting agenda and list of those at the meeting after it ended at about 4:30 p.m.

At about 6 p.m. Thursday, the Tribune was granted access to the meeting room after calls from Gov. Jack Dalrymple's chief of staff and Maj. Gen David Sprynczynatyk, commander of the North Dakota National Guard.

Ron Rauschenberger, chief of staff for the governor, said there was no reason to close the meeting and said doing so was "a mistake."

"That's an unfortunate mistake. It's unfortunate that they did that because we're for openness and transparency," Rauschenberger said.

"They shouldn't have turned a reporter back. We'll certainly visit with the staff down there so it doesn't happen again," he said.

Sprynczynatyk, who phoned from out of state, expressed surprise and said the meeting should have been open to the public.

"It's just a case of more secrecy in government, which far too often believes it can do whatever it wants whenever it wants, without regard to the public. It always knows best, " said John Irby, Tribune editor. "This is an incredibly important topic to citizens who shouldn't be kept out of the discussions of what we might expect concerning water flows and possible flooding along the Missouri."

On the list of those invited to the meeting were: Todd Sando, head of the state water commission, Bruce Engelardt and Kelly Casteel also of the water commission; Wilz, Amy Anton, Kathleen Donahue, Cecily Fong, Mike Lynk and Jon Tonneson of the department of emergency services; Allen Schlag, hydrologist for the National Weather Service; Todd Lindquist, operations manager for the Corps of Engineers in Riverdale; Mary Senger, Burleigh/Emmons county emergency manager; Gailen Narum, Michael Gunsch and Terry Fleck, Burleigh County Water Resource Board; Pat Heinert, Burleigh County sheriff; Ray Ziegler, Burleigh County floodplain administrator; Rodney Ness and Marcus Hall of the Burleigh County highway department; Jim Peluso and Brian Bitner of the Burleigh County Commission; Tammy Lapp-Harris, Morton County emergency manager; Mandan Mayor Tim Helbling; Jim Neubauer, Mandan city administrator; Wade Bachmeier, Morton County Water Resource Board chairman; Gary Stockert, Bismarck emergency manager; Keith Hunke, Bismarck assistant city manager and Keith Demke, Bismarck water treatment department.