Is one of the most powerful public boards in Nebraska operating illegally behind closed doors?

That question is at the heart of a Nebraska Watchdog investigation that stretches from Omaha City Hall to the shops and businesses near the site of the new downtown ballpark.

Nebraska Watchdog has learned that the Metropolitan Entertainment and Convention Authority (MECA), which runs the $291 million Qwest Center Omaha and will run the new $128 million downtown ballpark, is being criticized for possible violations of a key state law.

In a recent letter to MECA Chairwoman Gail Werner-Robertson and President/CEO Roger Dixon, Omaha Mayor Jim Suttle wrote, “I am concerned that the MECA Board is not following the Nebraska Open Meetings Law.”

Qwest Center Omaha

The Mayor’s letter dated July 29th was obtained after a Nebraska Open Records request by Nebraska Watchdog.

On July 20th with the City of Omaha going through its toughest financial situation in some 40 years, Robertson and Dixon met with Suttle and offered to advance the City $5.6 million from the money MECA receives for Qwest naming rights. In return they wanted Suttle to drop his proposed 2% entertainment tax.

In a statement released to Nebraska Watchdog, Dixon noted, “…the MECA Board of Directors and Management determined it could assist the City of Omaha during the budget crisis…”.

Suttle turned the deal down, and in his letter the Mayor clearly questioned how MECA put the deal together in the first place. “I am requesting that when it comes to financial matters that you schedule such items for your Board meeting so that all members can participate in the open discussion and subsequent vote,” wrote the Mayor.

Suttle Letter to MECA

Nebraska Watchdog has tried to contact Robertson and Dixon, but according to Qwest Center spokesperson Rebecca Kleeman, “Roger and Gail have nothing to say.”

Board member David Sokol, who was MECA Chairman for several years, has also refused to comment. But Nebraska Watchdog has spoken with three other members of the five member board, David Kramer, Jennifer Malendorf, and Jim Vokal. All insist they did nothing wrong, noting the board never met publicly on the issue and did not take a formal vote.

Adopted in 1983 the Open Meetings Law says public business “may not be conducted in secret”.  The law goes on to define a meeting, as among other things, ”…the formation of tentative policy.”  Kramer, a lawyer who says he has worked with public bodies for 19 years, tells Nebraska Watchdog, “The sentence on ‘tentative policy’ is ambiguous.”

According to Vokal and two other sources, Dixon called each member of the five person board individually, asking them if they’d be open to the naming rights deal.

In his letter the Mayor said, ”Telephone canvassing of your Board membership may be acceptable for conversation, but it is not a substitute for making formal decisions and offers.”

Malendorf says her conversation with Dixon, “Didn’t make me itch, where I thought I needed to talk to an attorney.”

Vokal says the board had a legal opinion from MECA lawyer Robert Freeman. Freeman told Nebraska Watchdog the board acted legally, though he would not comment on any private discussions he has had with board members.  Vokal, who joined the board in April 2009, says it’s his understanding that MECA, “…has always operated like that.”

One downtown businessman tells Nebraska Watchdog he has wondered if MECA makes decisions behind closed doors. Robb Nansel, of the Saddle Creek Records complex near 14th and Webster Streets, says, “…that was certainly a sentiment that many of us shared after some of the (downtown ballpark) plans were made public.”

Late last year Nansel and others interested in business development near the ballpark and Qwest Center appeared at a public MECA board meeting. They complained that promises of business growth in the area unexpectedly changed.

As for the budget deal and the Mayor’s complaints, former Nebraska State Senator Don Preister, an expert on the Open Meetings legislation, believes MECA broke the law. Preister, who is currently on the Bellevue City Council, tells Nebraska Watchdog, “It appears they (the MECA Board) got some bad legal advice.” Preister, who led a successful move three years ago to tighten the law, goes on to note that while MECA, “…did not have a public meeting they were taking action through a straw vote.”

Reported by Joe Jordan joe@nebraskawatchdog.org