The Mandan City Commission will hold a special meeting Friday morning to discuss who they want to lead the city's police department, but an appointed interview committee might have held an illegal meeting on the matter on Tuesday.

The three finalists were interviewed Tuesday morning by an interview committee and Tuesday afternoon by the city commission.

City administrator Jim Neubauer said the committee moved from the city hall meeting room to a back room so no one in the hall would hear their discussions.

"Had anyone wanted to come in and listen, I don't know what would have happened," he said.

Jack McDonald, a Bismarck attorney who represents newspapers and broadcasters, said state law does not allow public bodies to discuss personnel issues in closed meetings, which is what the interview committee may have done. Since the interview committee was appointed by the city commission, it also is a public body, he said.

"Obviously, that committee was appointed by the city commission," McDonald said. "Any committee that is appointed by a public body to do a public body's business is also a public body."

In order to legally close a meeting, a public body must first call to order an open meeting, then explain what will be discussed in a closed meeting and the legal precedent for closing the meeting. Any decisions made by a public body must be done in an open meeting.

Neubauer said he cannot guarantee that commissioners will make a selection at the 7 a.m. Friday meeting, but they will discuss their options for police chief.

Dennis Bullinger, Mandan's interim chief, Nick Basso of Garwood, N.J., and Christian Jauch Jr. of Peru, Ill. are vying for the position as chief of police.

The interview committee, consisting of Neubauer, Mayor Ken LaMont, City Commissioner Sandy Tibke, Fire Chief Steve Nardello, Mandan Police Lt. Lori Flaten, Public School Superintendent Wilfred Volesky and former Bismarck city commissioner and holder of the police portfolio, Bryce Hill met following the morning interviews for lunch and discussed the candidates, Neubauer said.

Mandan City Attorney Malcolm Brown said he was not present at the interviews Tuesday. He would not speculate on how he would have advised the commission or the committee to proceed.

"I have no knowledge of that situation," he said.

Attorney General Wayne Stenehjem decided in August that the Mandan City Commission had violated state open meetings' laws by holding improper executive sessions and not answering public document requests in a timely fashion.

Stenehjem, in an opinion requested by Mandan resident Susan Beehler, said the city violated the law by holding improper executive sessions on three occasions in February and March. An executive session on Feb. 6 went beyond the scope of its announced intent, while sessions on March 6 and March 20 were preceded by notices that were too vague as to the session's intent.

Stenehjem found that Mandan also was in violation for prolonging a public records request from Beehler by trying to obtain outside records, instead of telling her that the city did not have the records she sought

Neubauer said he did not believe the interview committee would be considered a public body, because it has no ultimate hiring or firing ability. The purpose of the committee was for LaMont and Tibke to get outside opinions on the candidates, he said.

The committee will give a joint recommendation to the city commission, Neubauer said. He did not know if the interview committee would meet again before Friday's meeting to discuss their recommendation, or if such a meeting would be open, noticed or closed.

LaMont also did not consider the interview committee's discussions to be a closed meeting.

"I don't think so. I really don't," he said. "It was lunch and a discussion."

LaMont said no one was on hand after the interviews to try to listen to the committee's discussions.

"I don't think anyone would have locked you out," he said. "We aren't hiding anything."

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)