No violation

Open Letter:

Dear Don (Klein) and Richard (Bair):

I have your letter of March 13, 2006, which I also read in the newspaper. I am enclosing a copy of Neb. Rev.Stat. 84-1409 (1)(a)(2004 cum. supp.), which was omitted from your mailing. Using the definition from the statute, you will note the term "public body" as used in the statute you sent to me, is the governing body of the political subdivision. The city manager is employed by the governing body and has no voting rights and is not a member of the governing body. The section of the statute which you quote refers to the appointment or election of a new member of a public body, which in this instance is the City Council. There was no violation of the open meetings law.

Should you have any questions regarding any of the above, please feel free to contact me.

Very truly yours,

Philip P. Lyons,

McCook

EDITOR'S NOTE -- Lyons is a member of the McCook City Council.