EVANSTON — During department head comments at the conclusion of the Feb. 20 Evanston City Council meeting, city attorney Mark Harris took the opportunity to read his written response to councilmember Jen Hegeman’s remarks made toward him during the Feb. 6, council meeting.
Hegeman had read a statement on Feb. 6 in response to Harris asking her to recuse herself from voting that night on a resolution concerning the historic Wyoming State Hospital buildings. She said in her statement that Harris’ reasons for her recusing herself were speculative and remote and he was attempting to intimidate her.
“Attorneys are called upon to advocate for, counsel and advise our clients. As the Evanston city attorney, by law, this responsibility includes giving advice to the mayor and any member of the city council on legal questions relating to the business of the city, to do all legal work relating to the city’s business and perform such other duties as may be required by the mayor or the city council or by law,” Harris said.
Harris explained that he is obligated by law to give that advice to the mayor and council, which includes legal opinions concerning the city’s business, and to make recommendations based on the opinions he has formed. He also said that communication between a councilmember and the attorney is privileged and confidential information, according to statute, and is protected from disclosure by an attorney under ethical rules. Advice given to the governing body can only be disclosed if the governing body authorizes it.
“Two weeks ago, two members of this body disclosed a confidential attorney-client communication and advice without the consent of this body,” Harris said. “Further, I was the subject of vicious personal attacks regarding my professional ethics, professional integrity and competency in an effort to cancel and prevent me from performing my legal duties. Those attacks failed to conform with the civility rules adopted by this body, specifically Rules 9, 10, 13 and 15.”
The council had adopted rules that “encourage councilmembers to disclose and possibly recuse themselves on matters which may have the perception of a conflict where appropriate,” Harris said.
He defended his rendering of legal advice as not intimidation, but as only providing advice and counsel required by the duties of his office.
“What occurred during the council meeting of Feb. 6, 2024, went well beyond the reason of good governance and leadership. I will not be intimidated, bullied or prevented from performing my legal duties by attribution of an improper motive without a factual basis and in a public meeting or forum in violation of the very rules adopted by this body,” Harris said. “I will not abdicate performing the duties required of me by law just because someone does not like the message delivered and wants it ignored. To paraphrase [Uinta County Herald managing editor] Bryon Glathar, “That is what bullies do.”
At the beginning of the meeting, Jen Hegeman asked clerk Diane Harris if she would attach a copy of the statement she read at the Feb. 6 meeting to the official minutes of that meeting.
Councilmember Jesse Lind gave condolences to the family of Paul Mills, who recently passed and the mayor and other council members also stated their condolences.
The council approved the appointments of Lisa Sanborn (replacing Sara Pullins) to the Urban Renewal Agency for three years ending in January 2027; Evan Perkes to the Lodging Tax Board until January 2027, and Brendee Weston (replacing John Davis) on the Lodging Tax Board until January 2027.
Two limited malt beverage permits were approved.
Sexual Assault and Family Violence (SAFV) Task Force Director Jesse Barnes requested one for the Gentlemen’s Night – Stand Against Violence event to be held at the Evanston Youth Club on Saturday, March 9, from 6-10 p.m.
The second permit was requested by Eric Pasenelli of Arts Inc. for the Celtic Festival at the Roundhouse and Railyards on Friday, March 22, and Saturday, March 23, from 10 a.m. to 11 p.m. both days.
A resolution authorizing the submission of an application by the City of Evanston for a grant from the AARP Community Challenge Grant Program for funds to place a concrete and steel ping pong table, foosball table and a Sycamore chess table in Depot Square and the railyard areas was approved by the council.
Rocco O’Neil, community development director, said, “The deadline for the application is March 5, and we should know by May if we are awarded it.”
During public comments, Eric Pasenelli thanked the council for their continued support for the Celtic Festival. Volunteers for the festival can get on the Celtic Festival website to sign up.
Susie Jetkoski also addressed the council.
“I am a retired social worker from the Wyoming State Hospital,” she said. “I am totally against getting a homeless shelter in the city. We do not have a soup kitchen or a day program. What will they do all day? Hang around businesses. Drugs and crime will increase. So many of the homeless are mentally ill, and when they are not taking their meds, they can become violent. The police jobs will increase. When I was working at the hospital, most of the people I discharged, I sent to homeless shelters in Idaho or Salt Lake City. Salt Lake will start sending them here if we have a shelter. We don’t want a homeless shelter here.”
Evanston Mayor Kent Williams thanked her for her comments, and the meeting was adjourned.
