City Government
GBAD Boys (and girls) Secret Government, Direct Violation Of Idaho Supreme Court Ruling–Case Law
March 13, 2012 
BULLETIN 9:30 a.m. Wednesday—
Following publication of the story below, GBAD blinked and released the name of ROB PEREZ, president of Western Capital Bank. We applaud release of the name and will provide more bio details soon–well before he is confirmed by the GBAD board at the Monday meeting.
TUESDAY POST–
Ignoring Idaho case law, the legal counsel for the Greater Boise Auditorium District advised officials Tuesday to withhold names of those being considered for appointment to the elected board, following a formal records request from the GUARDIAN.
The Idaho Business Review noted this week a vacancy on the GBAD board created by the resignation of Mike Fitzgerald who is working in Idaho Falls.
In the opinion of the GUARDIAN, withholding the names is simply bad legal advice and flies in the face of a 1996 Idaho Supreme Court decision with nearly identical circumstances in which the court ordered the City of Boise to release names of potential appointees to a vacant city council seat. The court said in part:
“This is a public records disclosure case. We conclude that the public records law requires disclosure of all the records and information sought. This includes the names and resumes of applicants to be appointed to vacant city council positions…”
In conclusion the court said, “We reverse the trial court’s decision that the city is not required to disclose the resumes of the applicants for the city council who did not consent to the disclosure…”
Reporter Brad Iverson-Long says GBAD board members wouldn’t disclose the name or names of a possible replacement for Fitzgerald. Their failure to disclose the potential candidate is contrary to a past Idaho Supreme Court decision which declared candidates for an elected office MUST be made public prior to appointment.
That case was brought by the Idaho Statesman against the city of Boise under similar circumstances over a city council vacancy. If someone would otherwise be ELECTED to office, citizens have an absolute right to know their name and the same information to be found on a typical filing to run for that office. The GUARDIAN will gladly initiate legal action to force disclosure of the information being held from public scrutiny.
The GUARDIAN contacted board member Judy Peavey-Derr who said there are, “A whole bunch of potential names that have been put forth–all with different skill sets.” She referred us to Executive Director Pat Rice who contacted the lawyer and subsequently declined to provide the requested information.
The board is set to appoint the new member at a Monday meeting. If they delay a vote after revealing the candidate(s) we wouldn’t have much room to object, but to refuse a records request that would inform citizens of the names of people who are potential appointees is unacceptable.
If the board makes an appointment after keeping the name secret, we feel it undermines the entire democratic process, destroys any claim of “transparency,” and violates the law of the land.
IBR also noted Peavey-Derr and Hy Kloc, both members of the GBAD board, have announced they will be running for legislative seats, but plan to retain their GBAD elected positions if they are elected.
NOTE–For those wishing to read the entire case, it was 1996 Opinion No. 41. (Federated Publications dab Idaho Statesman vs City of Boise).
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Comments & Discussion
Comments are closed for this post.
Mar 13, 2012, 2:56 pm
Ah Judy Peavey-Derr, queen of the non-transparent government.
Remember when she cost the taxpayers of Ada County only $36,000ish for her intransigence on the not open meeting with Vern Bisterfeldt? Could these be another of those sub rosa meetings where they make decisions in secret thus violating the open meeting law?
EDITOR NOTE–She directed the GUARDIAN to the paid staffer for ALL the names, but declined to offer the apparent favored name, saying it might change.
Mar 14, 2012, 7:52 am
let me get this right…GBAD cut funding to a group that provides over $45mil to the local economy because it was illegal (but now it’s not per the attorney for GBAD)…refuse to provide the group bookings from the Boise Centre…deciding to close down the ONLY convention center we have in Boise to open a Performing Arts Center…members suing each other…their meetings STILL are not allowing public comments…each and every member as dysfunctional as you will find (even in social settings) anywhere…collecting a 5% tax from OUR visitors and spending it on study after study…and now putting Mr. Perez (GBAD nominee) in a very awkward position (he is a banker with bond knowledge)…WHAT WILL IT TAKE FOR US (Joe Public) TO SAY “DISBAND THE DISTRICT!” That SULLI and SHMADER guy may not be so crazy after all…maybe we are?
Mar 14, 2012, 6:54 pm
Having lived in Boise all my life amd remember when the auditorium dist. was formed, it does not surprise me that the GBAD has evolved to another situation that would melt in the sunlight. As city tazpayers we had better learn to pony up the money and be quiet. Of course my last sentence was tongue in cheek but the citizens of Boise had better wake up soon. It scares the crap out of me if Judy Peavy-Derr should be elected to a State Legislator position as the secretive decisions would only move up a notch. A stand must be taken and soon or just be quiet and pay your taxes.
Mar 14, 2012, 7:58 pm
Isn’t it time for GBAD to just go away?
Mar 14, 2012, 10:47 pm
@Karen Ragland,
Not only does Judy Peavey-Derr’s running for the ID leg create chills up the spine– worse: she will run against one of the most intelligent, most ethical, and most well-informed senators in that ordinarily ridiculous body: Sen Eliot Werk.
He is one of the few in the ID Leg. with moxie and ethics. She should be roundly defeated in this attempt on his job.
Mar 15, 2012, 10:55 am
So who was the lawyer who advised GBAD on the issue? So I can’t put them on my do not use list.