Rather than the following proposed policy, the District may be better served to have a simple policy stating, “If you send or keep dirty pictures we will call the cops and notify your parents.”

Here is the proposed policy:
Definition of sexting: Sexting is the sending or receiving of sexually explicit or sexually suggestive images or video via a cell phone or electronic device.
1. The possession of sexually explicit images of minors on any device is prohibited.
2. Students involved in sexting (unless they immediately delete the images) may be subject to discipline.
3. Students involved in sexting will have their parents informed and may have police involved in the case.
4. Cell phones will be searched if there is probable cause that a criminal violation has occurred, and may be searched if reasonable suspicion exists that the phone contains evidence of a violation.
5. Any form of harassment related to sexting is strictly forbidden.

The GUARDIAN contacted Boise lawyer John Runft who has a background in constitutional law. He found item#4 to be “troublesome,” noting that teachers and administrators would be placed in a position of acting as police.

“Anything can be searched if there is probable cause and a judge issues a warrant,” said Runft, adding, “Criminal violations are the responsibility of police and it would be reasonable to direct school staff to call police if they suspect a student possesses a device with illegal material on it.”

Related Posts

1. Dec 2, 2011: Coppers Cope With Public Puffing — 10 comments
2. Apr 19, 2011: Meridian Teachers Violate District Mail Policy (Again) — 13 comments
3. Dec 5, 2011: Coppers Capture “Tire Terrorist” Suspect — no comments

In both cases university officials were advised of horrible crimes and/or threats, but no action was even taken to launch full fledged investigations. All concerned should take note and never let it happen again.

Only when the media shed light on these events did those in charge step up and take action. In the case of the coed murder, it took legal action by Idaho media to get the facts out of the university. At State College, Pennsylvania it was media revelations that led to the ouster of the university president and famed coach Joe Paterno.

Like the Catholic Church and the Boy Scouts, universities apparently worry more about reputations than protecting the victims of predators.

UPDATE–Apparently the Daily Paper had an EDITORIAL on the subject. We missed it.

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1. Jun 19, 2011: State Senator Sits In Slammer — 19 comments
2. May 19, 2011: A Different SLANT On Election Results — 8 comments

The issue goes way beyond the move to reduce pollution and use of petro chemicals. Not only is it a “greenie” political topic, but the folks in neighboring Jerome stand to get a bit of a slap in their collective face.

Seems the Hilex Poly Co.–the largest plastic grocery bag manufacturer in the USA–has a plant employing 125 workers in Jerome. The firm has a total of nine production facilities scattered around the USA. Hilex has hired a high powered PR firm, “Gallatin Public Affairs, formerly The Gallatin Group, to help defeat the proposed bag ban. Gallatin has a liberal reputation including that of former Idaho Guv and Interior Secretary Cecil Andrus who is “of counsel” at the firm.

Not only will the W.A.T.E.R club students get a lesson in environmental advocacy, but the kids will also learn about politics, unemployment, economics, and public relations–regardless of how voters answer the “paper or plastic” question.

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That report came in a story published today in the TIMES-NEWS newspaper.

According to the story, Idaho is one of 19 states where it’s still legal to whap kids on the ass if they misbehave.

With the worldwide furor over the Saudi woman being sentenced to “10 lashes” for violating that Mideastern nation’s ban on female drivers combined with the almost weekly revelations of teachers being charged with sexual misconduct, a thought comes to mind:

How about allowing school authorities to whip teachers who misbehave? Seems logical if it is OK to paddle kids.

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1. Oct 7, 2011: Otter’s NY TIMES Spoof Could Generate Idaho Fame — 4 comments
2. Feb 19, 2011: Tom Luna: Was He Duper or Dupee? — 12 comments
3. Apr 19, 2011: Meridian Teachers Violate District Mail Policy (Again) — 13 comments

One of our readers provided the results of a public records request that shows a less than stellar occupancy rate for some state-owned downtown Boise properties.
Here is what the lands department provided our reader:

While the commercial real estate business may have been lucrative at one time, we submit high vacancy rates combined with investments meant to attract renters may not be a “best business practice.”

All of the properties are exempt from local taxes to the city, county, schools, and ACHD. The schools get a return in theory if the “profit” were to exceed the current private property tax levy. The proceeds are also exempt from state and federal income tax.

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1. Aug 14, 2011: Land Board To Build Brew Pub? — 20 comments
2. Nov 21, 2011: Geezer Group Talks Turkey Over Raising Rates — 12 comments
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We doubt if they will send out press releases, but the state agency is advertising for a construction manager to oversee building a restaurant and brewing facility.

The request for qualifications is chock full of justification for the construction project–citing a constitutional mandate for the board to get the best return possible for the educational endowment fund.

There is no mention about the details or the location for the business which will be built tax-free. In the case of the storage business, the state operates it as a business, which pays no income or property taxes to the city, county or school district.

Legislators and some business leaders were concerned about the ownership during the past session.

We predict those concerns will not be satisfied if the state builds–much less owns and operates a brew pub and restaurant. This move could lead to a constitutional amendment to keep the government out of business activities.

In the case of the new project, they will no doubt make claims of creating jobs and a market for Idaho hopps, barley, and beer. Whether they just build the restaurant and pub or own and operate it, government should not be competing with the private sector. While the funds are NOT tax dollars, they are public money and are being used to unfairly compete with the private sector.

UPDATE 4PM–The Dept. of Lands actin g director tells the Spokesman-Review’s BETSY RUSSELL the state will NOT operate a pub–they are just making the investment for a tennant who will rent a building downtown already owned by the state.

We know of several restaurants in the area of 8th and 9th. While the state will not identify their new tennant who is worthy of a custom construction project worthy of a manager, we doubt the project will pose any competition to existing facilities. Expansion perhaps?

GUARDIAN reader and on-line research assistant CLANCY provides some insight in his comment on this post.
See entire text below.

STATE OF IDAHO
DEPARTMENT OF LANDS
RESTAURANT CONSTRUCTION MANAGER
RFQ 12-0002
REQUEST FOR QUALIFICATIONS
REQUEST FOR QUALIFICATIONS
AND
INSTRUCTIONS
The Idaho Department of Lands [IDL], acting on behalf of the State Board of Land Commissioners, is seeking qualified firms to submit a Statement of Qualifications for Construction Management with significant Restaurant experience.
STATEMENT OF QUALIFICATIONS DEADLINE AND DELIVERY REQUIREMENTS
Statement of Qualifications must be received by the Idaho Department of Lands at 300 N 6th St Suite 103, Boise, Idaho, 83702 by 3:00 PM M.D.T. August 26, 2011. The Department of Lands is not responsible for lost or undelivered Statement of Qualifications or for failure of the United States Postal Service or the Idaho State Capital Mall Central Mail Room to deliver Statement of Qualifications to the Idaho Department of Lands by the deadline. Late Statement of Qualifications will not be accepted. Fax Statement of Qualifications will not be accepted.
Delivery Address:
Idaho Department of Lands
ATTN: Tony Pirc
300 N. 6th St Suite 103
Boise, ID 83702
Statements of Qualifications are to be mailed in a sealed package and are to be marked in the lower left hand corner with the following information:
Statement of Qualifications for: 12-0002 Restaurant Construction Manager
Request for Qualifications Close: 8/26/11 at 3 P.M. M.D.T.
A Statement of Qualifications submitted using “Express/Overnight” services must be shipped in a separate sealed inner envelope identified as stated above and enclosed inside the “Express/Overnight” shipping envelope.
QUESTIONS
Further information is available by contacting Tony Pirc, Purchasing Agent, at (208) 334-0256 or by email at tpirc@idl.idaho.gov.
INTRODUCTION
The Idaho Department of Lands (IDL) is seeking a qualified team to submit a Statement of Qualifications demonstrating the ability to provide Construction Management Services with significant Restaurant experience to the Idaho Department of Lands and represent the Agency’s interests in having projects completed on-time, within budget, and as planned.
Construction Management firms are expected to have the expertise necessary to perform the duties described hereafter. IDL’s primary goal is to provide long-term, sustainable revenue to the Beneficiary groups that directly benefit from the Endowment assets within the State of Idaho. The goal of this RFQ is to develop a list of qualified Construction Managers on whom the agency can call to work with agency personnel to oversee the completion of these restaurant projects.
IDL hereby requests Statement of Qualifications (SOQ) from Construction Managers who are interested in providing Construction Management Services for the Idaho State Board of Land Commissioners (Land Board).
BACKGROUND
When Idaho was admitted to the Union as the 43rd State in 1890, it was granted approximately 3,672,000 acres of land for the support of State institutions. The land was granted under the condition that it be managed in perpetuity as a trust for the beneficiary institutions. This mandate was codified in Article IX Section 8 of the Idaho Constitution, which states that the lands are to be managed, “…in such manner as will secure the maximum long term financial return to the institution to which granted.” Chief among the beneficiaries are the public schools, which received two sections of every township in the State (1/18 of the total land base). Other institutions include the University of Idaho, the Agricultural College, the Normal Schools, Penitentiary, Charitable Institutions, State Hospital South, School of Science and Capitol (formerly Public Buildings).
Management activities on State Endowment Trust Land are not intended to benefit the general public, but are directed solely to the good of the beneficiaries of the original land grants. Revenue generated from the management of these lands is deposited into the Earnings Reserve fund from which the costs of management and payments to the beneficiaries are made. Revenue from mineral royalties is deposited into the permanent endowment fund. Both the earnings reserve and permanent fund are invested by the Endowment Fund Investment Board. The investment return is distributed to the beneficiaries. Land sale revenue is deposited into the land bank and is available to purchase other land. If not expended for that purpose within five years, the land sale revenue is deposited into the permanent fund.
Management of Endowment Trust lands is entrusted to the State Board of Land Commissioners. The Idaho Department of Lands is the administrative arm of the Board and carries out the executive directives of the Board to meet the constitutional trust mandate.
The following is an excerpt from the State Trust Lands Asset Management Plan adopted by the Idaho State Board of Land Commissioners (Land Board). This plan provides the foundation for the Idaho Department of Lands, on behalf of the Land Board, to make management decisions for the Endowment Trust lands within the State of Idaho.
“Endowment assets of the State of Idaho consist of both land and funds. All endowment assets are held in trust by the State in nine endowment trusts. The State initially received grants of over 3.65 million acres of land in trust from the federal government in the Idaho Admissions Bill and through other federal acts. Over time, properties were sold or exchanged, with proceeds from the sales and certain other income deposited in the endowment funds.
The State Constitution establishes the State Board of Land Commissioners (Land Board) as the trustee over the assets of the nine endowments. As trust manager, the Land Board is obligated to manage the assets of each trust with undivided loyalty to the beneficiaries of the trusts. Idaho Code 58-101 created the Idaho Department of Lands (IDL) to serve as the manager of the non-financial assets of each trust on behalf of the Land Board. Similarly, Idaho Code 57-718 created the Endowment Fund Investment Board (EFIB) which formulates policy for, and manages the investment of, the financial assets.
Mission
All endowment assets of the State of Idaho must, per the State Constitution, be managed “in such manner as will secure the maximum long term financial return” to the trust beneficiaries. The assets will be managed to provide a perpetual stream of income to the beneficiaries by:
• Maximizing long-term financial return at a prudent level of risk,
• Protecting future generations’ purchasing power, and
• Providing a relatively stable and predictable payout
IDL RFQ 12-0002 1 Restaurant Construction Manager
Asset Management Philosophy
To fulfill its fiduciary duties to each individual endowment, the State of Idaho will:
• Manage the endowed land and financial assets as a whole trust on a total return basis.
• Seek to optimize risk and return from both the endowments’ land and financial assets through diversification of holdings.
• Ensure that significant land holdings will be maintained in perpetuity, since they provide material diversification and inflation protection to an endowment’s portfolio.
• Seek to reposition parcels to reduce risk, lower management costs and increase prospects for immediate and sustainable income, recognizing that much endowment land remains in the original scattered parcels obtained from the federal government.
• Provide for the appropriate and reasonable management expenses of each endowment from its own income.
• Accommodate public use of endowment lands, to the extent feasible, provided such use does not impair financial returns.
Performance Objectives
• Over time, ensure real returns for each endowment (after inflation and net of management expenses) perform at or above median compared to relevant peers.
• Assets will be grouped into classifications of similar character to facilitate performance monitoring and analyses of portfolio diversification and risk. Each asset class will have a targeted rate of return and is expected to perform at or above median compared to relevant peers.
• Over time, the return of land assets should compete favorably with the return of financial assets. Where determination of land value is problematic, performance will also be measured by discounting expected net cash flows.
Protection of Principal
• Proceeds from the sale of endowment lands will never be distributed, but must be reinvested in land within five years or transferred to the permanent endowment funds.
• Proceeds from extracted mineral resources will never be distributed but must be deposited to the permanent endowment funds.
• The principal of the permanent endowment funds, adjusted for inflation, will never be distributed, to protect the future purchasing power of the beneficiaries.
Distributions to Beneficiaries
• Renewable income from the land assets as well as cash income and capital gains above inflation from the permanent endowment funds will be deposited in the Earnings Reserve accounts.
• The Earnings Reserve accounts should buffer fluctuations in revenues to provide stable and predictable payouts to the beneficiaries. If an endowment’s Earnings Reserve account falls to zero, distributions must stop.
• Long-term spending policy and annual distributions are recommended by the EFIB and approved by the Land Board. The Legislature considers the approved distributions in setting annual appropriations for the beneficiaries. The Legislature also appropriates the operating budgets for the IDL and the EFIB from the Earnings Reserve accounts.
IDL RFQ 12-0002 2 Restaurant Construction Manager
SCOPE OF SERVICES
Restaurant Construction Manager
• The components of the restaurant will contain a: kitchen, bar, brewing area, dining area, covered patio, restrooms, walk-in freezer, office and data/electrical room.
• Work closely with the tenant, architect, engineer and IDL to construct a restaurant that is compatible with the floor space.
• Construct an easy flow kitchen work space.
• Come up with creative ideas to give the restaurant an open feeling including skylights.
• Construct a covered patio area with roll up doors that has the feel of an outdoor patio but can also be closed off during inclement weather.
• Construct a bar area that can both be utilized from the patio side and interior bar side.
• Work closely with the brew master on the construction of the brew area.
PURPOSE OF PROCEDURE
The Idaho Department of Lands “Qualification Based Selection” (QBS) is to comply with Idaho Code 67-2320. This procedure provides for an orderly process of:
1. Solicitation of professional qualifications
2. Evaluation and ranking of qualifications
3. Establishment of a ranked list of service providers by region
4. Negotiation of scope of services and fees
SOLICITATION CYCLE
It is anticipated that the solicitation cycle for RFQ 12-0002 shall be in force until December 31, 2014. The Idaho Department of Lands reserves the right to award future projects based upon ranking of qualifications of the Construction Manager selected by this RFQ, if deemed to be in the best interest of the Idaho Department of Lands. Solicitations by RFQ for “Statements of Qualifications” (SOQ) from applicants who desire to provide professional Construction Management Services will be made periodically hereafter at a time to meet the Idaho Department of Lands needs. Ranking of submittals, creation of service provider shortlist and applicant notification of ranking shall be determined within 60 calendar days of receipt of submittals of the RFQ due date. IDL RFQ 12-0002 3 Restaurant Construction Manager
STATEMENT OF QUALIFICATIONS CONTENT AND FORMAT
It is essential that the Agency be able to easily match a vendor’s response with this RFQ’s requirements for information. This RFQ and its format should be incorporated into the actual response. Where asked, indicate compliance and/or note any exceptions to the requirements and provide responses to any questions that follow. The four (4) printed versions of the proposals must be submitted on 8½ by 11-inch paper in four (4) individual standard three-ring binders. Please include a thumb drive copy or CD ROM (in pdf) of your proposal along with the printed copies. Foldouts for charts, tables, spreadsheets, and single-line diagrams are acceptable. Pre-printed materials, such as brochures or technical documents, may be included, but whenever possible should be placed within the three-ring binders. Submittals not provided in the following format will complicate the evaluation and comparison process and may therefore be declared non-responsive.
The Statement of Qualifications must be organized in sections containing the numbered sections below:
1. Cover Letter Mandatory
2. CM Information Form Mandatory
3. Sample Restaurant Review Mandatory
Submit a sample project that your firm has performed. 200 Points
4. Company Profile 200 Points
Describe your firm’s history, size, resources, personnel, special expertise, volume of work, and financial stability along with any other information that would be helpful to characterize the firm.
5. Project Approach 400 Points
Describe your approach to providing the service outlined in “Scope of Services”. Discuss how you provide leadership to facilitate teamwork and communication among all parties. Provide a professional resume for each key person proposed to be assigned to the Agency’s projects. Describe the proposed roles and responsibilities of key personnel. Include an organizational chart. Describe your typical communication process through the planning and construction phase a) Internally, b) Architect/Engineer, c) Subcontractors, d) Tenant, and e) Owner. Describe your construction scheduling method will you use on this project. What have your experiences been with building information modeling (BIM) and how would this be helpful on a build out for a restaurant/brewery? What unique challenges do you see with building out a restaurant/brewery and how do you plan to address these challenges? Tell us about your project manager and why that individual would be a strategic fit for this project? How many projects is your company currently working on and how will this affect your ability to efficiently run this project? Describe your experience with tenant improvements relating to restaurant and bar construction (Give examples in the Boise area including total overall projects) Describe how you would construct a bar and restaurant with an area for brewing beer in a 9,000 square foot building (approximately). The building was built in 1915 and contains one story; located at 9th & Bannock.
6. Relevant Project Experience 200 Points
Briefly describe other projects managed by your firm that demonstrate relevant experience. Extensive descriptions of vaguely related projects are discouraged. List all projects for which you have performed similar work in the past three years; please also identify those performed for public agencies. For each project listed, include the name, title, address, phone number and email address of a person who may be contacted regarding your performance on the project. Projects listed for which your firm worked in an auxiliary capacity or in a venture or partnership should include the name, title, address, phone number, email address and a contact person of the lead firm.
IDL RFQ 12-0002 4 Restaurant Construction Manager
SELECTION PROCESS
SOQ’s will be evaluated and rated based on qualifications stated within this RFQ. The Idaho Department of Lands may choose to interview several of the top rated firms for specific projects. However, at its discretion, The Idaho Department of Lands may dispense with interviews and select the highest rated firm based on the evaluation score of the Statement of Qualifications to perform the work.
Selected references will be contacted.
A selection committee appointed by the Idaho Department of Lands will evaluate and rate the submittals and possible interview. Those ratings will be forwarded to the agency’s Purchasing Agent to consolidate and thus determine the highest ranked team. The Idaho Department of Lands will seek to negotiate a contract, a detailed scope of work, fee schedule, etc. with the selected Construction Management firm.
The Idaho Department of Lands expects to complete the process and provide written notification of the short-listed Construction Manager within 60 days of receipt of submittals. If interviews are held, they will be scheduled within three (3) weeks of short-list notification.
PROPOSAL GUIDELINES
1. The Agency will not be liable for any costs incurred in the preparation and production of a proposal, or any work performed prior to the execution of a contract.
2. All proposals and other materials will become the property of the Agency.
3. All information contained in this RFQ and acceptable provisions of the selected firm’s response will be made a part of the executed agreement for services.
4. Upon request, the submitting firm shall submit additional information as requested by the Agency.
5. The Agency reserves the right to:
• Waive any informalities or irregularities and reject any or all proposals received as a result of this RFQ
• Select all or part of the respondent’s proposal
• Negotiate changes in the scope of work or services to be provided
• Conduct investigations required to determine the submitting firm’s performance record and ability to
perform the assignments specified as a part of this RFQ
6. If, through any cause, the contracted firm shall fail to fulfill in a timely and proper manner its obligations under this agreement, or if the firm shall violate any covenants, terms, or conditions of the agreement, then the Agency can cancel the contract without prejudice by giving at least five (5) days prior written notice to the firm of such termination. IDL RFQ 12-0002 5 Restaurant Construction Manager
RESTAURANT CONSTRUCTION MANAGER INFORMATION FORM (Mandatory) IDL RFQ 12-0002
1. Construction Manager information:
Firm
Address
City, State, Zip
Telephone ___________________________________________________
Email: ___________________________________________________
2. If yes to any of the following questions, please attach a separate sheet of explanations; state the project(s), date, owner and reason.
Has your Construction Management firm failed to accept a contract or to complete a contract awarded to you?
[ ] Yes [ ] No
Has your Construction Management firm under another or previous name failed to accept a contract or to complete a contract awarded to you?
[ ] Yes [ ] No
Has your Construction Management firm had a contract terminated or been given written notice or demand incident to a proposed contract termination?
[ ]Yes [ ] No
3. State the name, agent’s name, address, telephone number of your current bonding company(s) and identify any other sureties used by your Construction Management firm during the past five (5) years.
Name
Address
City, State, Zip
Telephone
4. State the name, agent’s name address, and telephone number of your current insurance company(s) that provides or during the past five (5) years have provided coverage for your Construction Management firm in the areas of liability, builder’s risk and workers’ compensation.
Name
Address
City, State, Zip
Telephone
5. Name, title and signature of main point of contact for the Construction Management firm.
Signature:__________________________________
Printed Name:_______________________________
Title:___________________________________
Email:__________________________________ IDL RFQ 12-0002 6 Restaurant Construction Managery or school district.

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BLACKENED FOREST AFTER 1988 WILDFIRE

HISTORIC FIRE OF 1988

OLD FAITHFUL LODGE DURING FIRE STORM

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Otter told the IDAHO REPORTER his support of the decision to invest in the private retail storage business was a mistake. The state of Idaho purchased Affordable Storage on Maple Grove last August and run it as a commercial enterprise.

“I think that was a mistake. But, I’m the first to admit it. I sat right there and asked a bunch of questions about it. And, it’s not a mistake we’re ever likely to make again.” At the time of the decision the Guv’s office issued a STATEMENT defending the decision, noting it was made at a public meeting. They just forgot to tell us it “slipped by.”

Otter also told the REPORTER that he now prefers the state stay out of “direct competition” with the private sector, such as with the storage unit. “You know, that was just one that slipped by. Because I’ve heard from enough, I’m not going to tell you which board members, but I’ve heard from enough others that just said, ‘You know that was a mistake, we shouldn’t have done that.’”

While the GUARDIAN agrees with the Guv and others who think government should keep out of private business activities, it will be interesting to see how they spin this latest development. Otter says there are others on the Land Board who share his views.

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TVCC and students attending the Caldwell campus were going to bring “synergy” and critical mass to downtown Caldwell. An informal survey suggests the only downtown businesses to see any increase in business have been Vern’s Tavern and the Waldorf Bar. Interesting to see if the Urban Renewal Agency finds another operator for what appears to be a food service operation without adequate customers to keep the doors open.

Had the Caldwell urban renewal geniuses talked to the Boise CCDC geniuses, they would have found that after years of trying, they were unable to lease commercial space in the Ada Courthouse.

We recall a recent controversy in Ketchum over a publicly owned java joint in a visitor center as well.

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The DAILY PAPER’s Joe Estrella did a piece on the Meridian school levy election claiming voters “torpedoed” the tax hike. Did voters perhaps “decline to grant a request to raise taxes $18.5 million?”

The Daily quoted Elizabeth Fredericksen, director of graduate studies in the department of public policy at Boise State University, saying she was “stunned” by the “angry, resentful wave of opposition” to the levy.

Or did voters politely turn out for an election that was set at a uniform date instead of coinciding with a parent-teacher event set by the school? It was the biggest turnout in recent memory, hence a more representative sampling over the issue of MONEY, not education.

In Nampa the politicos just can’t take “NO” for an answer. For the third time voters have declined to create an auditorium district. If it ever passed, they sure as heck wouldn’t allow three elections to dissolve a district.

In Pocatello the IDAHO STATE JOURNAL complained the uniform election law “just boosts election costs.” Heck, if we did away with elections it would really be cheap and people wouldn’t be burdened with making decisions.

The editorial concludes that somehow the uniform election process, “impairs flexibility of school districts seeking supplemental levies…” While the turn out in parts of Ada County was so great they had to print extra ballots, but in one district in Pocatello garnered a mere 1% voter participation, according to the ISJ.

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