Unclear if PUD commissioners violated law

No opinion given by attorney general

EPHRATA — Attorney General Rob McKenna's office declined to issue a legal opinion on whether three Grant County Public Utility District commissioners violated the state's Open Public Meetings Act.

PUD Commissioner Tom Flint requested the legal opinion last month and asked for appropriate action to be taken.

Flint claims three fellow commissioners created an official PUD statement when they signed a letter distributed to the Columbia Basin Herald Aug. 31. The statement was published as a letter to the editor.

"Because of the wording of the letter and the fact that it was signed by three commissioners, specifically the commission president, the vice president and a commissioner and then published in the local paper, it is then an official document, purporting to be an official PUD position statement," Flint wrote in his Sept. 8 letter to the attorney general.

"There was no public notice of this meeting and/or discussion about the letter with all five commissioners," he wrote.

James K. Pharris, deputy solicitor general, said the attorney general's office does not have the authority to provide advisement on PUD activities and declined to issue an opinion.

"If you are seeking legal advice about the powers and duties of the PUD and its officers, your question should be directed to the PUD attorney," Pharris wrote in his Sept. 14 letter to Flint.

PUD attorney Ray Foianini said Monday he would not provide a legal opinion unless requested to do so by the commission.