A group of citizens is asking the county board to nullify its last meeting on March 4, claiming it was illegal. County officials will consult state authorities, but said the accusation might be irrelevant.

The argument stems from the participation of Commissioner Dave Mullenbach over the telephone. Mullenbach joined the discussion and voted from a hotel room in Arizona where he was spending his vacation.

Mike Simmons, the spokesperson for Eye on Freeborn County, consisting of four members connected through a forum on the Tribune’s Web site, alleged the act was a violation of the state’s Open Meeting Law.

Citing a part of the law stipulating the use of interactive television, Simmons said, &uot;It looks like that it was clearly an illegal meeting. Our hope is to give (commissioners) a chance to admit that they made a mistake, declare it an illegal meeting, and vote on the things again.&uot;

The meeting can be done through interactive television when the commissioners and public can hear and see all discussions taking place in the board room, according to the law. The law also requires the county to notify the public of the attending commissioner’s location beforehand.

But County Attorney Craig Nelson believes the provisions Simmons mentioned are about how a board may achieve a quorum, and are not applicable to the last meeting where four commissioners were at present, meaning Mullenbach’s vote was not necessary to achieve quorum.

&uot;It was a valid open meeting,&uot; Nelson said. &uot;It was at the regular meeting location, was duly notified, had the quorum and had the public present,&uot; Nelson said.

Nelson said there is no prohibition in the law for the use of a conference call. &uot;Mullenbach did not miss being given any information the other board members had in the meeting,&uot; he said.

Simmons said the group is concerned about the board’s March 4 decision on Nelson’s salary, approved by 4-1 vote, and want the board to reconsider.

Mullenbach seconded the motion to raise Nelson’s 2003 salary to $79,728, revising the original amount of $72,063 to comply with a court order from a lawsuit filed by Nelson.

Simmons said his group wonders why the board took the average of the salary range suggested by Mower County Judge Don Rysavy, which was $76,849 to $82,607, instead of choosing a lower figure.

Simmons said the group will take legal action if their claim is not heard. &uot;We’re going to give them a chance to fix that, because it was an illegal meeting. And, we’re going to see if they will actually do it, again,&uot; he said.