• Home
• About
• Archives
• Subscribe
• Contact

Guardian Top Stories

Gov. Candidates Weigh In On Constitutional Issues

Both Repub Guv. Butch Otter and Dem opponent Keith Allred responded to a GUARDIAN question about the three proposed Idaho constitutional amendments on the November 2 ballot.

In a nutshell the three proposals deal with the right of citizens to approve public debt at AIRPORTS, PUBLIC HOSPITALS, and CITY OWNED ELECTRICITY SYSTEMS. All three seek to eliminate the existing constitutional requirement for local government to seek approval of citizens before entering into debt.

To his credit, Candidate Allred stepped right up and gave us an unequivocal answer:

“I am a strong supporter of voters’ ability to decide whether to support bonds that are funded with tax dollars. But when bonding does not implicate tax dollars, we should hold leadership of these entities accountable for the job we hired them to do, and allow them to make such decisions. I will be voting ‘Yes’ on the Constitutional amendments as proposed.”

Otter gave us the usual political response:

“The Governor has no official role in this process. His vote is no more or less important than any other citizen’s. It’s up to the people to decide on these issues – not the government. So Governor Otter does not want to unduly influence anyone’s views on ballot measures that he did not initiate or champion.”

The GUARDIAN does not endorse candidates, but we are open in our editorial stance opposing measures which leave voters out of the governing process.

Publicly Funded Website Gets “F” For Education

Using part of a $60,000 appropriation of public money from the Boise City Council, a new website claiming to be an “educational outreach” debuted recently in what can only be seen as a blatant campaign promotion to pass a constitutional amendment.

Dubbed HJR5FACTSthe one-sided website has a plethora of facts about airports in Idaho and a paucity of objective information. You be the judge about the “information and educational” aspects of the site and decide whether or not it is an attempt to influence the outcome of a ballot measure–using public funds. The site does not disclose who paid for it, nor does it provide any avenue for contacting any officials behind it.

We make no bones about it: The GUARDIAN opposes the proposed constitutional amendment. We will also pledge to tell you the truth about what passage of the amendment REALLY means to Idaho citizens and not obfuscate the truth behind slick photos and facts which have no bearing on the proposed amendment. The site has pages about firefighting and military–apparently attempting to imply if government is forced to continue to seek citizen approval of airport debt it will somehow impact these areas.

Here are some factual considerations about the HJR5 amendment conveniently omitted by the city-financed website.

–As written the amendment will TERMINATE EXISTING VOTER RIGHTS to approve public debt at airports.
–As written the amendment opens up the potential of airports to own tax-exempt hangars, parking facilities and other property that would otherwise be built with private funds and provide valuable tax revenues to cities, schools and counties.
–Public facilities and structures can be placed at financial risk–including foreclosure–when financed without the approval of voters.
–Any project contemplated for airports is currently allowed by the constitution The major change from the current constitutional language is to eliminate citizen approval.
–Local property taxes could increase when private property is converted to government ownership and revenues are lost.
–Airports would be allowed to compete directly with private enterprise which currently rents space to rental car companies or finances hangars. Hotels could also suffer if cities choose to construct lodging through debt obligations.
–California’s constitution (like Idaho) requires citizen approval of debt for airports and that state’s economy is bigger than most countries.

We think a well rounded “education” is in order and hence offer additional study opportunities and classes at the GUARDIAN.

Mayor Hotline August 21 to 27

8/21/10
Jill Feeler
S. Horseshoe Pl.
Boise, ID 83716
ISSUE: Concerned about the trees that the City of Boise and the neighborhood board have decided to take out because of safety concerns.
Parks & Rec

8/23/10
Thorpe Orton
Johns Landing Way
Boise, ID 83703
ISSUE: This is the 4th time in the last few years that a large tree has blown down by the road along Plantation Golf Course on State St. It’s very dangerous and he thinks somebody needs to do something about those trees along the road which all appear to be rotted.
Parks & Rec/ACHD

8/24/10
Anonymous
ISSUE: Supports BPD’s decision to remove the Guardian and Dave Frazier from media contact list. She watched the news on Channel 6 the night that he brought the signs to the press conference. That’s not legitimate journalism; he doesn’t deserve to receive those press releases.
Continue reading here…

White Paper Explains Constitutional Challenge To Voter Rights

This is the first in what we expect to be many discussions of three constitutional amendments before Idaho voters on November 2. The GUARDIAN will be crusading like an old time newspaper editor to preserve our voting rights, defending the Idaho constitution and the rights of citizens to hold the “power of the purse” when it comes to public debt. The issue is one of “right vs power-hungry politicos” rather than any particular project.

A Boise GUARDIAN White Paper

There are three proposed amendments to the Idaho Constitution on the November 2 ballot and all seek to deny electors the existing constitutional right to approve municipal debt.

Article 8, section 3 of the constitution gives municipalities (cities and counties) certain spending authority, but in each case those local governments must obtain, “ASSENT OF THE ELECTORS.”

For years, local governments routinely went around the will of the people to finance pet projects by invoking the “ordinary and necessary” provision, which allowed municipalities to seek “judicial confirmation” from a district court judge that a project was legal.

That all changed when Boise citizen David R. Frazier challenged the city of Boise’s plans to build a $19 million police station and later a $27 million parking garage–without seeking permission from the voters.

The airport parking garage issue went to the Idaho Supreme Court. The court issued the landmark FRAZIER decision in 2006 which carved in stone the fact municipalities MUST seek voter permission to spend funds that exceed a single year’s revenues. In short: DEBT that requires either bonds or other long term obligations to spend citizen money.

The court also defined “ordinary and necessary” to be unforeseen expenses of an emergency nature involving public safety or mandated by a court order that couldn’t wait until the next election for voter approval. That put the brakes on wild local spending and prompted numerous attempts at legislation–including constitutional amendments.

In 2010 at the urging of municipalities the legislature passed three proposed constitutional amendments dealing with AIRPORTS, PUBLIC HOSPITALS, and POWER GENERATING CITIES.

None of the ballot measures tell voters in plain English the rights they currently hold will be eliminated, but all three measures quietly eliminate the key phrase “with assent of the voters.” The proposals need a simple majority at the polls to alter the constitution following the 2/3 vote of the legislature which put them on the ballot.

The issue is CITIZEN APPROVAL of debt rather than the merits of any particular project. In Idaho the citizens hold the “power of the purse.”

Buckin Bull Lands Gun-Totin Deputy In Deep Doo Doo

An off duty Ada county sheriff’s deputy has proven that even after 21 years on the force coppers still do stupid things. He got caught packing heat–two pistolas–while riding the mechanical bull at a Boise saloon in July. It came to light this last week.

Bartenders spotted guns on their buckin patron and called the Boise coppers who–to their credit–wrote their fellow “professional” a ticket for packing heat on his hip while packing booze in his belly.

The matter is on hold in the court because the judge assigned to the case didn’t want to judge the lawman and disqualified himself.

Meanwhile Sheriff Gary Raney tells the STATESMAN the deputy was “punished,” but since it is a “personnel matter” citizens will never know the extent of the descipline. The sheriff didn’t have to disqualify himself. He came up with a quick guilty verdict and apparently imposed a sentence. Now let’s see if the courts do the same.