When the legislature proposed a draconian law to clear the old courthouse lawn of Occupy Boise protesters, they included a clause that would classify their property as “litter” and destroy it.

Both Boise’s Top Copper, Mike Masterson and Super Trooper colonel G. Jerry Russell sent a letter to the Occupy folks thanking them for their civility during the protest.

Masterson told the GUARDIAN it was a tip from an Occupy protester that led to the arrest of the North End Tire Slasher, indicating the members are not “bad citizens.”

Here is the BPD stance if the legislation is passed:
If law enforcement is truly at the front line of safeguarding peoples liberties and rights then we (BPD) have an obligation to speak out and not wait for the courts to tell us they got the law wrong and thus our
subsequent actions were wrong as well. For this reason, I have advised the state we will not be participating in any activity associated with the removal of property should it come to that.

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There was strong written opposition to the plan before the IPUC, including a document filed by attorney Jon Steele. Much of the opposition was based upon the contemplated rate Idaho Power proposed to pay for the electricity generated.

Dynamis has already received $2 million from Ada County, but based on lack of financing and other questions surrounding the deal, it looks like it faces a huge battle before it becomes a reality.

The staff report cites older methodology, higher interest rates, prices higher than needed, and even the NEED for the generating capacity at the current time.

Here is a link to the STAFF REPORT.

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The first steps in a “regulatory taking” legal case have been initiated on behalf of the owners of three hooka bars within the city limits. The gist of the claims will be they were operating legal businesses and were put out of business by the ordinance, including visits from Boise coppers who are doing their duty enforcing the new law. No arrests were made, only warnings.

One owner had made a substantial investment, rented space, and was put out of business prior to actually opening.

Miles Stirewalt and Mikel Hautziner, a couple of local activists, sought an analysis from the city last week in a memo to the city clerk. The city is due to report back in 42 days from January 23 on its conclusion of whether or not there is a valid claim regarding putting the hooka bars out of business.

The city can deny the claim, seek a settlement, or defend its actions in court.

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Ada was cleanly divided into nine legislative districts based on population and will likely remain unchanged. That makes a perfect fit for the Ada Commishes to each take three legislative districts to form the three county districts.

Now, here comes the intrigue and potential fireworks. The Commishes could decide to put Sharon Ullman and Vern Bisterfeldt in the SAME district since they are both up for re election. Vern has the historic edge with over 50 years of public service as a Boise copper and city councilor as well as former Ada Commish.

Ullman has a solid working knowledge of the commission and has worked hard on several projects including preventative health care services. It is no secret the two tolerate each other, but don’t play nice together. She favors the proposed Dynamis trash to energy project, he is opposed and wants the $2 million the county paid to Dynamis returned.

The next question is, “do they both run for Vern’s four-year seat or Sharon’s two-year seat?” The terms of office are staggered to prevent a total turnover at any given election. If Ullman and Bisterfeldt are put into a grudge match ultimate fighter cage, that means there will be an empty seat.

Former copper, chief, drug czar and city councilor Jim Tibbs isn’t currently in public office and his name has surfaced in GUARDIAN circles.

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Idaho House Speaker Lawrence Denney’s decision to file legal action in the Idaho Supreme Court against Secretary of State Ben Ysursa will probably lead to political and personal humiliation.

The speaker has overstepped his bounds in an effort to rid the redistricting commission of a member he deemed not loyal enough to Republican interests.

Denney and his lawyer, Christ T. Troupis have made a fundamental legal blunder–failure to consider the SEPARATION OF POWERS doctrine. Our system of government has LEGISLATIVE, EXECUTIVE, and JUDICIAL branches to create a “balance of power.”

Denney thinks he has appointed Dolores Crow to the reapportionment commission. He has not. He “nominated or designated” her, but the authority to convene the commission clearly lies with the Secretary of State. Same holds true for Republican party boss Norm Semanko. He suggested Randy Hansen be a member of the panel, but Semanko is without authority to appoint anyone.

The law requires the commission to file its report with the Secretary, not the legislature. In short it is his duty, not that of the legislative branch or a political party hack who has no official capacity in ANY government branch.

Since Denney and crew wrongly claim the authority to “appoint,” they certainly would have no authority to “dismiss” any members.

The law also prohibits any member from running for office for 5 years after serving. Lobbyists, and former legislators within two years of holding office are also banned from serving.

It would be counter intuitive to give a sitting politician the authority APPOINT or DISMISS any member to a redistricting panel. They can “suggest” but the authority to actually appoint members lies with the Secretary of State. Based on the opinion of the Attorney General, no one can fire or dismiss members–there is no provision in the law to do so.

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Folks there are tired of the behavior of their legislators and seek to change the constitution to prevent legislators from changing or repealing laws passed by voters.

We Idahoans have passed both term limits and a 1% property tax limit that have been ignored and repealed by the legislature. Voters have a short memory however because there was no major backlash at the arrogant move following an Idaho Supreme Court decision that declared “laws passed by the citizens are no different than those passed by the legislature–the legislature has authority to repeal either.”

To make it even worse, unlike Montana, citizen voters in Idaho cannot even petition to amend the constitution. Only the legislature has that right. They can pass an amendment with a two-thirds approval of both houses and a simple majority of voters. Voters have no similar right to force a vote on any constitutional issue.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:
Section 1. Article III, section 4, of The Constitution of the State of Montana is amended to read:
“Section 4. Initiative. (1) The people may enact laws by initiative on all matters except appropriations of money and local or special laws.
(2) Initiative petitions must contain the full text of the proposed measure, shall be signed by at least five percent of the qualified electors in each of at least one-half of the counties and the total number of signers must be at least five percent of the total qualified electors of the state. Petitions shall be filed with the secretary of state at least three months prior to the election at which the measure will be voted upon.
(3) The sufficiency of the initiative petition shall not be questioned after the election is held.
(4) The people reserve to themselves the powers to repeal or amend all laws passed by initiative.
(5) The legislature may not amend or repeal an initiative statute except by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the approval of the electorate.”

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The issue in a nutshell is commishes Dolores Crow of Nampa and Randy Hansen of Twin Falls were not loyal (partisan) enough toward the Republican Party.

Idaho Code 72-1502 provides for appointments, but no dismissals. It looks like death or resignation are the only ways to create a vacancy.

Word “unda da rotunda” has it that Idaho Attorney General Lawrence Wasden will be duty-bound to represent the Redistricting Commission and Secretary of State Ben Ysursa if the issue hits the courts.

Chief Deputy Secretary of State Tim Hurst told the GUARDIAN Monday, “The reapportionment commission meets Thursday with the current members and there are no vacancies being recognized by Secretary of State Ben Ysursa.”

With no vacancy on the commission, no new appointments are in order despite a planned announcement Tuesday morning by Denney. Let’s see who blinks first!

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Translation: the lady wasn’t partisan enough.

Secretary of State Ben Ysursa, the state’s chief election officer sought advice from the Attorney General. Looks like Denney will have to CHANGE THE LAW to suit his personal bias, but that’s nothing new for an Idaho legislator. The AG opinion said there is no mechanism in the reapportionment law to dismiss members–they have to resign or apparently die to “create a vacancy.”

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This politically charged issue comes up every 10 years, but with primary deadlines looming, it points out an attitude that is all too common in Idaho. Laws seem to be passed for the convenience of politicos rather than for the common good.

Rather than “get ‘er done,” the state legislative attitude seems to be, “Well, we can just CHANGE THE LAW and have primary elections at a later date.” When the reapportionment groups came up with their map, the counties didn’t like the result and filed lawsuits to ultimately CHANGE THE LAW.

When the Occupy protesters camped out on the state-owned annex lawn, they were not in violation of any laws. The group actually worked with state officials to keep the protest orderly and relatively sanitary (portable toilets are on site). Now, legislators are tired of being reminded of their presence and will soon CHANGE THE LAW to ban camping on state property.

When Senator John McGee got popped for DUI and auto theft, no one in officialdom had the cajones to “do the right thing.” Instead a prosecutor from Oregon was hired, thus relieving the local prosecutor and the attorney general from being forced to act. While they didn’t change the law, they avoided their duties.

When local governments were forced to obey the constitution by lenders and the Idaho Supreme Court, cities got the legislature to CHANGE THE LAW and pass a constitutional amendment (ratified by voters) that exempted airports and public hospitals from constitutional mandates to seek voter approval for debt.

IF we ever have an election, voters need to take stock of past performances–or lack thereof.

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After a series of public corruption and criminal cases involving legislators and state officials were reported by the news media, it seems like legislators of both parties can’t get aboard quick enough.

Leadership of both parties in the legislature were voicing support Tuesday to “look at” and even “support” legislation to regulate conflicts of interest, a cooling off period for former officials to become lobbyists, and establishing an ethics commission.

The GUARDIAN would like to have a seat in the locomotive of this train and will gladly volunteer to serve on any citizens oversight panel that is established.

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