Boise Guardian » Legal-Courts

Ada Spent $15,000 To Collect $10,000

dave — Wed, 23 May 2012 02:22:01 +0000

A report from Ada County Treasurer to the Commishes Tuesday confirms the county lost nearly $15,000 in property tax revenue when officials excused back property taxes on the Red Hawk subdivision north of Hidden Springs. Since the county now owns the land they would actually be taking money of of one public pocket and putting it in another if they paid the back taxes.

The subdivision had been foreclosed upon by a bank and sold at a sheriff’s auction May 8. Had a private party made the purchase, a county tax lien on the property would have been first in line to be satisfied. Instead, Commishes Sharon Ullman and Rick Yzaguirre purchased the bare foothills ground for $240,000. In a press release issued last week they said they made the purchase to satisfy a claim they had against the owner for $10,000.

They cancelled a tax bill for $15,000 in order to collect legal fees of $10,000! We don’t know if they need instruction in math, accounting, public administration, or logic.

County Attempts Cover Up On Questionable Land Deal

dave — Mon, 21 May 2012 15:40:42 +0000

Ada County officials are squirming over the recent purchase of land without an appraisal mandated by Idaho law.

The GUARDIAN has confirmed that neither elected Assessor Bob McQuade nor his chief deputy, Tim Tallman, were consulted about the so-called appraisal and no one with a commercial appraisal license ever supervised the appraisal as claimed in an Ada County press release.

Ada County Commishes issued a press release late Friday attempting to spin a case for their unscheduled and hasty purchase of the 250 acre Red Hawk subdivision at a sheriff’s sale May 8. The cover up is getting worse than the crime. The GUARDIAN stands by the PREVIOUS POST.

The GUARDIAN previously requested a copy of any appraisal–which is mandated by Idaho Code prior to acquiring real estate. We were provided an informal e-mail from a member of the Ada Assessor’s staff who is NOT a licensed appraiser.

After the GUARDIAN posted that fact and opined the entire purchase was outside the law, Ada County issued a press release claiming the employee’s supervisor was a licensed commercial appraiser and that made it OK for the third level unlicensed tax appraiser to issue what the county says qualifies as a commercial appraisal–despite his lack of a proper license to do so.

Turns out even Tallman, the supposed supervisor at the Ada Assessor’s office is not licensed to appraise more than a four-plex structure and his state license does not extend to massive land deals such as the 250 acre purchase the county made.

We suspect the staffer was merely offering a cursory answer to a question about the land value when said the land in question was “worth $1,000 to $5,000 per acre.” About as safe as saying, “my house is worth between a hundred thousand and half a million.”

Given the county argument, anyone supervised by a licensed attorney could practice law. Or those working for a licensed electrician could do electrical wiring and installation. Great economic idea–pay for a single license and claim authority for anyone working for the licensed expert.

The third level staffer was approached directly by a county attorney who was advising the commishes and eventually did the actual bidding on the 250 acres at the sheriff’s sale. She scared off a private party and got it for $240,000.

No one argues about the price, but the county spinners are saying the county lien for legal fees stemming from a court judgement would not have been paid if a private party acquired the land at auction. The county SPENT $240,000 and did not “protect the taxpayers” in any fashion. They gave up more in delinquent taxes than the judgement they held for legal fees.

They claim the land could go into some sort of reserve for “trading purposes.” The main reason local governments trade land is to avoid declaring it surplus and selling at public auction. They also mentioned “possible open space,” which flies in the face of the fact it was the Ada County Commission that approved the Red Hawk subdivision in the first place!

Finally, in their efforts to toss about stinky “red herring,” Ada’s press release makes the outrageous claim, “Additionally, Idaho Code 31-806 indicates an appraisal is not required in instances where land is purchased for the purposes of recreation and open space preservation.”

In fact, 31-806 makes no mention of any exemption from an appraisal to acquire park land. Further, Idaho Code 31-807 requires an appraisal prior to acquisition of ANY property and also makes no exceptions for park or open space. They can’t even argue the statute is unclear or in conflict. Practically inviting a lawsuit, Commish Ullman said, “We obtain our legal advice from the elected Ada County Prosecutor and his attorneys. When there is a disagreement over the interpretation of applicable law, the court system is always an available resource.”

The GUARDIAN “court of public opinion” rules the county acted outside the law!

Click to view press release text…

County Land Purchase

(Boise, ID) – Earlier this month, Ada County purchased approximately 250 acres of property in the Dry Creek Valley in the Boise foothills, more commonly referred to as “Red Hawk Estates.” Ada County bought the property at a public foreclosure auction and paid $240,000 for it, significantly less than the property’s fair market value.

The Red Hawk Estates developer had unsuccessfully sued Ada County when the County denied a second request for a time extension to develop the land. The Idaho Supreme Court deemed his lawsuit frivolous, and ordered the developer to pay the county’s legal fees. After not receiving payment, Ada County placed a lien against this property for the money owed. The property eventually ended up in foreclosure with more than $1.1 million owed to the bank.

When the property went to auction, the only way the County could protect its financial interest, was to purchase it. The County would not have received the money owed if the property was sold to a private bidder, because the bank debt would have been paid from the proceeds first. There was additional incentive to purchase the property given the possibility the County could swap the land for other land adjacent to the landfill, or leave it as open space for recreational purposes. The property purchase provides the opportunity to connect the Ridge to Rivers trails in Hidden Springs to those proposed as part of the Avimor Planned Community, a goal that is supported by the County.

The suggestion that the County violated the legal requirement of Idaho Code 31-807 to obtain an appraisal prior to the purchase is not true. Commissioners did consult with the Ada County Assessor’s Office. All of the Assessor’s employees work under the supervision of a licensed Idaho appraiser. The Assessor’s Office reported that the land is estimated to be worth between $1000 and $5000 per acre.

Additionally, Idaho Code 31-806 indicates an appraisal is not required in instances where land is purchased for the purposes of recreation and open space preservation. “We obtain our legal advice from the elected Ada County Prosecutor and his attorneys. When there is a disagreement over the interpretation of applicable law, the court system is always an available resource,” said Ada County Commissioner Sharon Ullman.

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County Land Purchase Violated Idaho Law

dave — Wed, 16 May 2012 16:41:00 +0000

Public records obtained by the GUARDIAN indicate the Ada County purchase of a foothills subdivision May 8 was contrary to Idaho Code 31-807 which mandates an appraisal by a LICENSED appraiser must be made prior to purchase.

The applicable law states: “…but no purchase of real property must be made unless the value of the same has been previously estimated by a real estate appraiser licensed to appraise real property in the state of Idaho pursuant to the provisions of chapter 41, title 54,…”

County officials were quietly checking out the land as early as April 23. A county tax appraiser–certified to do tax appraisals, but not LICENSED as required by law–was contacted by a county lawyer regarding the legal description and value of the property commonly known as Red Hawk Subdivision.

The appraiser responded with an informal note–not a legal appraisal–saying: “I have looked (sic) reviewed the valuation on these parcels and have searched for market comparables within the North Ada County Area. From my review these parcels consist of sloping and rolling terrain, with limited access. From the market research that I have compiled, I have observed a comparables range of $1000 to $5000 per acre with variances depending primarily on access and overall site usability. Please let me know if you need any other information.”

Despite this activity two weeks prior to the May 8 meeting, the commishes made a last minute amendment to the agenda, met in a secret session and then voted publicly to authorize the legal staff to bid at the sheriff’s sale a mere two hours later. The 258 acre parcel was purchased by the county for $240,000. We see no justification for the secret executive session since the land was being offered for sale at a public sheriff’s auction and public knowledge of the county’s interest wouldn’t affect the auction price.

The county made no declaration of public need or public purpose prior to the acquisition. Commish Sharon Ullman told the Idaho statesman they were protecting the interest of the taxpayers with the purchase because the owner owed back taxes and legal fees. That logic simply doesn’t wash because liens placed on the property by the county would satisfy any back taxes or legal fees–there was no need to purchase the land and remove it from the tax rolls.

They may have gotten a good deal, but the deal was outside the law and we see a scramble afoot to cover their tracks.

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County Outbids Citizen For Land

dave — Fri, 11 May 2012 18:40:04 +0000

Jeff Wood lives in Hidden Springs and for years has dreamed of building his “dream home” atop a rugged bluff north of his current residence.

He contacted the owner, only to learn the property was in the midst of a legal battle and subsequent foreclosure action. He followed the land dealings through the legal process and ended up on the steps of the Ada County Sheriff Tuesday at a public auction.

Long story made short: Ada County sent a couple of employees–at least one was probably from the Prosecutor’s office–and bid the price up in $10,000 increments fast enough to scare off Wood. They got it for $240,000. Opening bid started at $211,000.

The GUARDIAN has made calls and sent e-mails to the Commisioners and their administrator–no one has responded. Statesman reporter Cynthia Sewell had better luck and posted the COUNTY VERSION of events.

Based on the Statesman account the deal looks clean and tidy, all done for the benefit of county citizens. We hope that is true, but still note it is “irregular” to authorize a bid/purchase only two hours prior to acquiring land.

According to the Statesman report, Commish Ullman implies the county acquired the land at least in part to satisfy a tax lien of $10,403 and unspecified legal fees. While the county may now have land, it is off the tax rolls and cost taxpayers an additional $240,000 cash.

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Sparks Fly As Dynamis Deal Short Circuits

dave — Fri, 04 May 2012 23:48:36 +0000

Several interesting developments today in the saga of Dynamis Energy’s proposed waste-to-energy project at the Ada County landfill.

Commissioner Sharon Ullman has publicly claimed Ada County spent $2 million for design plans for the waste-to-energy facility and the money will be repaid once construction begins or is approved. Today after long consideration the GUARDIAN has determined there was no legitimate reason for the county to pay for design plans, drawings, or blueprints. The county has no business paying for plans to a facility it will never own, hold interest in, or otherwise operate.

The facility–if it is ever built–will be privately owned and operated by Dynamis on land it will lease for $1 a year from Ada County. The deal is akin to someone paying for architectural drawings for a home to be built, owned, and occupied by someone else! Any way you cut it, the best the county can claim is they made a loan and loans of public funds are illegal.

In another development, The STATESMAN linked two officers of the firm to the failed DBSI real estate development outfit that is subject of federal investigations and a bankruptcy. No sooner had the story been posted, it was removed from the DAILY PAPER website.

SATURDAY UPDATE–Statesman posted THE STORY.

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Republicans Hijack Primary Election At High Cost

dave — Thu, 26 Apr 2012 14:00:09 +0000

When U.S. District Judge Lynn Winmill ruled that Republicans had a right to determine their candidates at at closed primary election, few people understood the ramifications of that decision.

The net result is massive confusion about who can vote for what or whom. Also we predict many voters will be so overwhelmed they will simply throw up their hands and go home–probably angry. Ada County chief election officer Chris Rich tells the GUARDIAN the process is expensive, noting he has hired 145 extra election workers–one for each precinct–just to explain the ballot. He also has produced several written documents which will be mailed to each voter.

It is such a mess that Republicans can vote in the Dems primary, but Dems aren’t allowed to vote in the Repub races. If you declare yourself as an “Independent” you get a ballot with only a couple of judge’s. Furthermore, your boss, your employees, and political adversaries can check the PUBLIC RECORD voter registration rolls to learn your party affiliation. This could be troubling to newsies–like the GUARDIAN–who profess to be free thinkers and not affiliated with any party: exercise your right to vote and get branded as a liberal or conservative.

The STATESMAN’s Cynthia Sewell did a nice piece today last week which offers some tips. She also explored the background with Rich in the SUNDAY paper.

The good news is it’s just a primary election and there will not be any confusion in November when there is no party declaration. Of course from a practical standpoint MOST of the Republicans who are elected at the upcoming May 15 primary will be sure fire winners in November.

ADA ELECTIONS website has all the info you need, including a way to find your polling place by entering your address.

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AG Needs Permanent Canyon Corruption Office

dave — Fri, 13 Apr 2012 21:39:24 +0000

Idaho’s Attorney General seems to have enough criminal business among Canyon County staffers to open a branch office in Caldwell. A “clean sweep” revealed problems even with the janitor.

Our recent memory includes the former prosecutor embezzlement case, another former prosecutor’s son with kiddie porn, a pair of DMV clerks making off with nearly three quarters of a million dollars, a sheriff’s posse clerk charged with embezzlement, and today a former maintenance super plea bargains counts of “false accounts” for work he never did.

Each time we learn of another crook in 2/C government it begs three questions:
–Is Canyon more corrupt than other counties?
–Do they have better auditing and investigation techniques to catch bad guys (and gals)?
–Are the workers just dumb crooks and get caught easier?

According to the AG, Former Canyon County maintenance superintendant Andrew Eveland pleaded guilty today to four counts of presentation of false accounts, a felony under Idaho Code § 18-2706, and one count of grand theft, also a felony under Idaho Code §§ 18-2403(1) and 18-2407(1)(b)(8), Attorney General Lawrence Wasden said. Eveland entered his pleas during a hearing before Third District Judge Susan Wiebe in Canyon County.

The Canyon County grand jury returned an indictment on December 7, 2011, charging Eveland with 40 counts of presentation of false accounts and one count of grand theft. Pursuant to the plea agreement, the state dismissed the remaining counts.

The indictment issued by the grand jury alleges that Eveland submitted false invoices and claims to the Canyon County Commissioners for cleaning services that were never rendered at the Canyon County Juvenile Detention Center. It also alleged that Eveland wrongfully appropriated various items of county property to his own use.

The Attorney General’s Special Prosecutions Unit investigated and prosecuted the case at the request of the Canyon County Prosecuting Attorney, because it involved allegations of criminal misconduct by a former county employee.

Judge Wiebe ordered a pre-sentence report and set a sentencing hearing for June 28, 2012.

When Lawyers Disagree Citizens Pay

dave — Mon, 02 Apr 2012 18:44:39 +0000

The efforts of the GUARDIAN to pay for a 99 year lease on behalf of the North Ada County Fire and Rescue district were rejected by the Ada Commishes.

Last month we presented a $99 check to Chairman Rick Yzaguirre on behalf of NACFAR for a lease from Ada County for the land under station #16 on Glenwood. In a letter to GUARDIAN editor Dave Frazier, the Commishes claimed: “The ballot question does more than authorize the $1 annual lease payment. The ballot question authorizes the fire district to enter into a long term obligation including paying for such things as water, power, sewer, property and liability insurance, maintenance, repairs and replacements.”

Really? If so, NACFAR voters are getting scammed. We have a copy of the ballot and NONE of the items identified as “liabilities and obligations” are even hinted at on the ballot question. Also none of those items would fall into the category of “long term” obligations. Each is a simple annual expense.

The Ballot says: “Shall the board of commissioners of the North Ada County Fire & Rescue District be authorized to lease the property for fire station16, located at 5800 Glenwood, Boise from Ada County, Idaho for ninety-nine years at a lease fee of one dollar ($1) per year?”

We also have a copy of the letter from NACFARs attorney to the Ada county attorney which asserts there is no need for voters to approve a $99 year lease.

The reason this issue is important to voters is we fear it is an attempt to further erode the constitutional requirement to seek voter approval for long term debt. Legislators next year could easily be swayed by the argument, “it was necessary to have an election for a trivial $99 agreement.”

Either the county is overstating the issue or voters are being deprived of the true intent of the vote. (We see it as an overstatement). Meanwhile the vote will cost an extra $1200 for the complex ballots due to diverse residency among 13 precints.

Ada Commish Candidate Resigns 16 Year Job Over Conflict With State Anti-Political Statute

dave — Mon, 26 Mar 2012 20:23:19 +0000

BULLETIN 2:25 p.m. Monday– Ada County Commish Candidate Dave Case has announced he has resigned his state job with the Board of Parole. The complete text of his PRESS RELEASE can be seen at the bottom of the page.

News outlets in the Boise area including the GUARDIAN got the following message (or a similar version) over the weekend from an anonymous source:
“Davvid Case has committed a misdemeanor by filing to run for County Commissioner. He is a parole hearing officer for IDOC which is a classified position. According toStatute 67-5311 classified state employees are not allowed to run for partisan office while employed by the State of Idaho. He is required to quit his classified
state job BEFORE he files. As a former ISP officer and current parole hearing officer he should have known the law. Or are parole bord employees above the law? Probation officers aren’t, as you well know.”

Ada County Commish candidate Dave Case works as a hearing officer for the Idaho Board of Parole and is apparently barred from “partisan political activity.” We forwarded the allegation to the candidate who says he spent considerable time Monday seeking a legal clarification. The Secretary of State sent him to the Ada County Prosecutor and he is awaiting word from that office.

Case will weigh his options and most likely resign the state job he has held for 16 years, rather than create any controversy within the office. He has called a 3 p.m. press conference Monday. Leaving his state job should clear the way for him to devote all his efforts to the campaign–something Ullman will find difficult to do while working full time as a Commish. Case currently holds elective office as an Ada County Highway District Commish, but that position is non-partisan.

It will be interesting to see if the prosecutor’s office files criminal charges, offers free legal advice, or “conflicts it out” to another county since the Ada Prosecutor provides legal counsel on a daily basis to Ada Commish Sharon Ullman, the candidate Case opposes in the May primary election.

In addition to the obvious question at hand of “is it legal,” deeper questions arise regarding the intent of the 1965 law. Would it apply to ANY run for for partisan office or only state office? Then there is the whole issue of first amendment rights, etc.

Here is section of the law that apparently would apply:
67-5311. LIMITATION OF POLITICAL ACTIVITY. (1) No classified employee of a state department covered by this act shall:
(c) Be a candidate and hold elective office in any partisan election.

CONTINUE READING FOR PRESS RELEASE

FOR IMMEDIATE RELEASE CONTACT: Dave Case
March 26, 2012 (208) 283-5510
Ada Commission Candidate Dave Case Resigns State Job to Continue Campaign
Boise—-Ada County Commission candidate Dave Case announced today that he
would resign his position as a hearing officer with the State Parole Commission in order
to continue his campaign for Ada Commissioner in District Three. Case made the
decision after he was made aware of Idaho Code 67-5311, section c, which states that
“No classified employee of a state department covered by this act shall: Be a candidate
and hold elective office in any partisan election.”

“Although I believe that the and between the “be a candidate and hold elective
office” should require that both conditions be present to disqualify a state employee from
seeking public office, even a partisan public office, I am willing to resign my current
position with the state to continue my campaign,” said Case.

“I consulted with the Secretary of State’s office, the Ada County Clerk and Ada
County Prosecutor, and while we received some conflicting answers, I still think it is best
to adhere to what others believe to be the spirit of the law, rather than insisting on
challenging the letter of the law,” Case said.

The issue apparently was raised by Case’s opposition on Saturday in an email to
political blogger David Frazier. The unidentified person accused Case of knowingly
violating the law by filing to run.

“Until that email I was unaware of the state code on this issue,” said Case. “But I
can assure all of my supporters that I do not think I am above the law. This was an
honest mistake, and as soon as it was brought to my attention and I had the opportunity to
research it further, I immediately corrected it.”
-

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Of Ethics, Conflicts, Right and Wrong

dave — Mon, 26 Mar 2012 01:51:24 +0000

We are left shaking our head almost daily asking the rhetorical questions, “What were they thinking?” and “doesn’t anyone know the difference between right and wrong?” Mom and Dad would be aghast.

The recent mess incident at the City-owned Idaho Ice World was a disaster waiting to happen. It all started back in 2008 when Team Dave’s Ethics Commission was asked for an advisory opinion. The question was whether or not it would be a conflict of interest for the City Hockey Director ($44,000 salary in public money) to also serve as a coach for his son’s Peewee league team. The panel ruled it would be OK as long as he wasn’t paid to be a coach.

We don’t understand their logic, but it is obviously a conflict for a parent to be the coach and also the guy who is the top dog when it comes to EVERYTHING involving the hockey program. He didn’t make any money from his “off duty” volunteer job, but it’s still a conflict.

That same ethics panel told Boise’s treasurer it was OK to put the arm on banks and others with whom he routinely deposits public funds, to help finance a convention of city treasurers. They said as long as he was soliciting funds for the group and not in his position as city treasurer it was OK. Give me a break! Nothing illegal or dishonest, but still a stinky act of panhandling and an obvious conflict.

Same is true for the State Senator who holds gas and oil leases and votes on laws that will regulate (or not) oil exploration and production in Idaho and on his land. Legislators ruled it was no conflict because he didn’t receive a personal gain (money) from his votes. HOGWASH! It’s a conflict, plain and simple. May not be criminal, may not even be dishonest, but it IS a conflict.

We can go on about the Nampa mayor using tax money to buy lunch for city employees so they can hear his “state of the city” speech. Or the mayor of Caldwell getting a family membership at the YMCA on the backs of taxpayers. Conflicts and total disregard for ethical behavior and understanding right from wrong.

When these events and practices reach critical mass, there is always an ethics panel, attorney general opinion, or others who defend the conflict. We readily admit some things are certainly “gray,” but Mom and Dad always said if you have to think twice about whether or not you should do something, it is probably wrong. We would add if you have to spend a lot of time justifying the action, it probably wasn’t the right thing either.

We all make mistakes, but these days they all seem to be justified, rationalized, and defended. If the city or a politico screws up, best to admit it, take steps to prevent a recurrence and more on. Mom and Dad would be proud.