Right to videotape challenged at meeting
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PABLO — A scuffle occurred just prior to the start of a meeting of the Confederated Salish and Kootenai Tribes on Feb. 16.
Lake County Commissioners were invited to the Council Chambers to discuss the tribes’ proposed Memorandum Of Understanding regarding the density map, according to Ann Brower, the lone Lake County Commissioner in attendance.
The meeting was posted on the Commissioner’s’ website.
Both tribal and non-tribal members were in attendance. Prior to the start of the meeting, David Passieri of St. Ignatius set up a video camera on a tripod to record the meeting, which he often does at other Commissioner meetings, according to Brower.
“I don’t blame him for wanting to be there to listen in,” Brower said.
But Passieri was asked not to record, because he hadn’t followed Tribal protocol by asking in advance, according to Rob McDonald, spokesperson for the tribe.
“When David set up a video camera, it caused concern, because there is a protocol we go through,” McDonald said in a phone interview after the meeting. “The Council said he could stay, observe, and take notes (but not record). I made that request personally. This is our government, and we are asking politely and respectfully.”
Passieri refused.
“I informed him it is a public meeting, we have a county official, I will film the event,” Passieri said in a phone interview after the meeting. “When I was told again I would not be allowed … I proceeded to turn my camera on. The meeting was going to start, and I was going to record.”
The situation escalated when a tribal official took the video camera and tripod away from Passieri. Passieri said that he had already called his lawyer and was going to press charges. At that point, Passieri said James Steele, Jr., introduced himself and then tried to take Passieri’s cell phone away.
“He grabbed my hand. At that point it was a battle of the will,” Passieri said. “He was squeezing my hand enough to break my phone. The crowd erupted. He would not give my phone back. He said I needed to leave, but I wouldn’t.”
The audience stood up, and started arguing amongst themselves, Brower said. Brower asked people to remain in their seats.
“I was just trying to diffuse the situation,” Brower said.
At that point council members called for an executive session, and audience members left the chambers.
According to Passieri, a Lake County Sheriff’s Deputy arrived and spoke to him outside the chambers, saying he would have to arrest Passieri if he did not leave. No arrest was made, and Passieri’s video camera, tripod and cell phone were returned to him.
Because Brower stayed in the chambers to speak with the council, Passieri and some audience members were concerned that Brower had broken open meeting laws. But because there was only one commissioner — two constitutes a quorum — and no decisions were made, nothing illegal was done, Brower said.
Brower said she double-checked with both the Montana Association of Counties and with county attorney Steve Eschenbacher, who both verified the fact.
“Is it OK for a single commissioner to talk to the tribal council? Yes. Can a decision be made? No — not possible,” Brower said. “We were able to discuss the proposed MOU. I let them know we did not have comments on the draft yet, but would be sending them a letter with a response. Not once did I ever speak for the county, except to let them know a letter would be coming. No decisions were made at all.”
Passieri said he had his hand examined after the meeting at St. Luke Hospital, and although there was some swelling, he said, it was only strained.
“Overall, that was very good news,” Passieri said.
McDonald said the whole situation was “unusual.”
“We have a right not to let people video because it’s our government, our meeting, our affairs,” he said.
Commissioners will vote on proposed changes to the density map and regulations on March 2, at 1:30 p.m. Feb. 24 the commissioners will hear from a citizen who attended the Feb. 16 meeting who wishes to discuss open meeting laws, and locations of meetings. Public comments are allowed each day the Commissioners meet, which are Tuesdays, Wednesdays and Thursdays from 10 a.m. to 4 p.m. in the Lake County Courthouse.
