SUNNYSIDE -- Officials are still negotiating with a candidate for city manager and no one is saying who he is.

A private meeting of Sunnyside City Council members Tuesday yielded no contract for the council's top pick.

Until they have one, "we cannot divulge" the choice, Mayor Paul Garcia said.

However, they have one, and that may violate the state's open government laws.

Sunnyside has been without a regular city manager since September, when Bob Stockwell resigned.

Last week, the city announced the top four finalists and held a public reception in Sunnyside. They are Mark J. Gervasi, city manager of Tillamook, Ore.; Mark Roath, city manager of McAlester, Okla.; Michael Stampfler, owner and managing partner of CivicQwest Consulting in Portage, Mich.; and Eric Swansen, village manager of Yellow Springs, Ohio.

Since then, council members have met twice in executive session -- a portion of an otherwise public meeting held behind closed doors. On Saturday, during executive session, they picked their favorite, Garcia said.

On Monday, that candidate formally resigned his current position, Garcia said. Tuesday night, Sunnyside council members met again in executive session to discuss contract details.

Prioritizing their list of candidates does not constitute a decision, Councilman Bruce Epps said. The other candidates are still in the running.

"There's not a decision made until there's a final agreement," Epps said.

The other three candidates, meanwhile, have been told verbally the council is negotiating with one top pick, though nothing has been written down, said Mark Kunkler, city attorney and the interim city manager.

State experts, however, say the secrecy may be against the law.

Executive sessions are allowed, but only to discuss candidate qualifications and contract language. Picking a top candidate should be done in an open meeting, said Tim Ford, open government ombudsman for the state attorney general.

"They're not allowed to make decisions in closed meetings," Ford said.

Decisions made in violation of open meeting laws could be null and void if challenged, he said.

The state auditor's office agrees.

"They have to vote in open session," said Mindy Chambers, a spokeswoman for the auditor.

This year, the auditor issued a report that found 400 violations of public meeting laws.

* Ross Courtney can be reached at 930-8798 or rcourtney@yakimaherald.com.