The proposed Wicklow Way subdivision wasn't on the table, but effectively stood in the wings Tuesday for Amador County supervisors.

During a public records and ethics workshop, comments from resident Jill North and county officials referred by name to Wicklow. Supervisors were in an annual refresher session on the Ralph M. Brown Public Records Act of California, which says elected officials must conduct public business in public.

Part of a presentation by County Counsel Martha Shaver, in effect, prompted a dialogue around ethics questions North had raised minutes earlier.

"The Wicklow proponent had time to speak in public, but went one-on-one with planning commissioners behind closed doors," North said.

North told supervisors that disclosure of planning commissioners' private meetings seemed to come up only accidentally and that commissioners originally appeared intent on concealing them. The planning commission in October certified as adequate an environmental impact report for the 201-acre subdivision proposal set to stand adjacent to Martell's department store district. The applicant is Lemke Construction, represented by Susan Larson.

"It reeked of impropriety," North said. She asked that some ethical guidelines be brought out by the board of supervisors.

A consensus arose during the session that during 2009 and beyond, supervisors need to go out of their way to avoid the appearance of conducting public business in private.

"Are you going to do this for the planning commission?" District 4 Supervisor Louis Boitano asked Shaver.

"I think it would be a good idea," Shaver responded.

In the session, a hypothetical test case posed by Shaver used the term "city council," but was otherwise similar to what North had described with the planning commission.

"A developer holds individual meetings with each member of the City Council to discuss his proposed development within the city - Brown Act violation or not?" Shaver's test document read.

Under the letter of the law, that case does not automatically violate the Brown Act, officials agreed.

District 2 Supervisor Richard Forster noted a key factor in that case is whether any decisions are made based on privately presented information. He said he believed that disclosure of private meetings was also necessary to meet the Brown Act.

Shaver said disclosure is prudent, but more important is being able to prove, in court if challenged, that decisions were made only on public information. She did not discuss how such proof can be made. Officials agreed that Amador County is interested in adhering to the intent as well as to the letter of the public records law.

"If on Wicklow, (a resident) sends me an e-mail and I forward it to other board members, is that a violation?" Forster asked.

"A safer way is to print that out," said County Administrative Officer Terri Daly, "and make sure it's made part of the agenda packet."

Daly said it would be prudent county policy to poll supervisors previous to an action item, asking, "Have any of you had private meetings on the topic?"

Again around Wicklow, a second public records issue was discussed. After planning commissioners certified the Wicklow EIR in October, a resident group appealed that decision to the board of supervisors on Nov. 7.

"(The group) gave us an inch thick of information, 400 pages, just before a meeting," Forster said, adding the group was under the impression the packet would be considered in the decision-making process.

Chairman Ted Novelli said he recalled the occasion.

"I asked county counsel about continuing the item," Novelli said. "That's ridiculous for our staff to have to prepare that much that quickly (for public record)."

Shaver declined to say whether the consensus reached Tuesday had any import for any past county action on Wicklow.

"We had an appeal of the planning commission, and possible litigation," she said. "I can't comment on any particular (pending) matter."

Daly suggested Amador move to mandatory staff reports on each agenda item. That way, residents can quickly read in the public record what action staff members recommended supervisors take, rather than having to sift through documents for it, she said.