The Nampa City Council voted to adopt a resolution on Nov. 9 intended to "self-cure" alleged deficiencies related to prior executive-session procedure for Fort Idaho Center deliberations after a Twin Falls County prosecuting-attorney review.
Preston Rudder, the city attorney, read a letter from Grant P. Loeb, Twin Falls County prosecuting attorney, who said he had reviewed the complaint that had been forwarded by Canyon County and conflicted to Twin Falls. In the letter Loeb said the question centered on whether the city was authorized to hold executive sessions under the trade-and-commerce prong of Idahos Open Meetings Act and that, while exceptions to open meetings "must be narrowly construed," the facts available to the city at the time made it debatable. "Though this may have been a technical procedural mistake, it did not result in a secret decision," Loeb wrote, and he recommended an acceptable resolution that would constitute a self-cure under state code. Rudder told the council that, if adopted and executed, the resolution would satisfy the prosecutor's office and close the matter.
Council debate focused on the timing and wording of the resolution; one councilmember said he wanted more time to review edits that staff circulated the prior evening. Supporters said the prosecutors letter and the citys public record of hearings and workshops on the Fort Idaho Center supported a limited remedy rather than nullifying prior votes. The council approved the resolution on roll call (yes votes recorded from Angela/Jangula, Bills, Reynolds and Griffin; Rodriguez and Haverfield voted no). After the executed copy is provided, the prosecuting attorney indicated he would issue a formal closing letter.
The city attorney identified statutory authority cited in the correspondence and resolution. The transcript records the prosecuting attorneys citation in the letter as "Idaho code 74 2 0 8 5" and a later section number cited in the draft as "74 2 0 8 7 8 1"; the resolution text provided to council was prepared with input from the prosecuting attorney and staff.