An investigation conducted by Evanston City Attorney Mark Harris has concluded that four members of the Evanston City Council violated Wyoming’s Open Meetings Act (OMA), Gillette News Record reports.
The violation stemmed from their private coordination on a letter expressing no confidence in Mayor Kent Williams, which was later read publicly at an August 20, 2024, council meeting.
The Wyoming Open Meetings Act is designed to ensure that government deliberations and decisions remain transparent and accessible to the public. While individual discussions between council members do not automatically constitute a violation, Harris determined that the four council members engaged in sequential communications to collaborate on and revise the letter, effectively making a public decision outside of an official meeting.
Harris noted that while no formal vote was taken, the private agreement on the letter’s content and its public delivery during the council meeting bypassed the rest of the council and the public, violating the spirit of the OMA.
The investigation focused on council members Jesse Lind, Jen Hegeman, Mike Sellers, and former councilmember Tim Lynch.
- Hegeman stated she initially sought legal guidance from the Wyoming Association of Municipalities before reaching out to the other three members about a potential vote of no confidence in Williams.
- Harris reviewed emails and phone records among the four council members and determined that their communications led to a consensus on the content and delivery of the letter before it was read in the August meeting.
- Lind and Lynch both met with Harris and maintained that no violation occurred, arguing that their discussions did not amount to sequential communication under the law.
- Hegeman declined to meet with Harris three times, citing illness as one reason. Sellers also declined after two invitations.
Under Wyoming Statute 16-4-403, government officials cannot use sequential communications to circumvent the Open Meetings Act’s requirements. The civil penalty for such a violation is a fine of up to $750 per individual.
However, Harris stated that he does not recommend sanctioning the four council members. Instead, it will be up to the remaining members of the city council—excluding those found in violation—to decide whether they want to impose any penalties.
Harris emphasized that Wyoming’s Open Meetings Act exists to protect public involvement in government decisions.
“This act is made to ensure the public has a right to know and be part of the process,” he said.
