Controversy at the Fair / Commissioner explains cage fighting decision
OGDEN -- Weber County Commissioner Craig Dearden explained to the Fair Board on Thursday why the commission met privately to override the board's unanimous decision to hold a second round of cage fighting at the 2008 fair.
The controversial sport drew large crowds in 2007 and contributed to the rare financial success of the county fair. But last year, the commission approved the contract for the fights before it became a hot topic, Dearden told board members. This year, people starting pressuring the commission in advance of any official action.
"We received several phone calls. We had one person say that they would bring 200 people to our commission meeting to show how much they are against it," Dearden said. "The idea was basically that it's not a family-friendly event and therefore shouldn't be at the fair. So I took the initiative and sat down with each of the commissioners."
He added that the commissioners all felt they needed to make a decision quickly before it was too late for the Fair Board to come up with alternate entertainment.
Utah's Open and Public Meetings Act forbids elected officials from making decisions in private. For the three-member commission, any two of them discussing commission business forms a legal quorum and therefore must be public.
Dearden said it is not uncommon for commissioners to discuss business privately as long as the subject discussed is not something that is scheduled to come before the commission. He said that the commission's decision blocked a formalized contract for the fights from coming before them, so the private discussions were appropriate.
But the commission must make decisions, even decisions to take no action, in the public eye, said David Reymann, an attorney for the Utah Press Association.
"Public bodies often make decisions not to enter contracts or not to pursue certain opportunities, but those are still potentially important decisions of public bodies that need to be made in public meetings," he wrote in an e-mail to the Standard-Examiner.
"If the county commissioners indeed met and discussed whether or not to offer cage fighting at the fair this year, and then decided not to, that was a discussion and decision that should have occurred in an open meeting under the act, with proper agenda notice to the public."
If the commissioners made a mistake with their private discussion, Dearden said he would be happy to make an agenda item on the mixed martial arts tournament during an official commission meeting.
"It doesn't matter to me," he said. "The decision won't change."
Members of the Fair Board did not bring up the possible violation of the open meetings act, but expressed concerns about how the commissioners gave into pressure. Board Member Larry Hansen said 2,500 people paid to attend the martial arts tournament last year, compared to the possible 200 people opposing the fights.
"I feel bad that such a few people could force such a fast decision," he said, adding that despite his reservations, he would fully support the commission's decision.
Other board members said that the demolition derby and the rodeo are more violent than the fights, but that they would support the commission as well. The Fair Board is an advisory committee and the commission eventually makes the final decisions.
"We're not bringing cage fighting back this year," Dearden said.
Fair Director Jan Wilson said she has been scrambling to find an alternate event ever since she heard about the commission's action. She said concerts have traditionally been failures in both the attendance and financial categories, but getting a big name might help.
Hannah Montana? No way. There isn't enough money in the budget for the teen sensation, Wilson said.
But Corbin Bleu, of "High School Musical" fame, might be within reach. The board voted unanimously to pursue a contract with Corbin Bleu for about $60,000.
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