Constitution
Bad Legal Advice Leads To Bad Gov’t
March 21, 2012 
A rash of bad legal advice and lack of transparency at the local level is taking its toll on local government budgets and preventing the “system” from having a chance to prove itself–leading some to question the democratic process.
A few examples:
–Boise county got bad advice about zoning a halfway house for troubled youth which led to a lawsuit they lost. More bad advice led to an attempted bankruptcy which was rejected by a federal judge. Then more advice suggested special legislation to exempt the county from a 3% budge cap which failed. Now they intend to sue the state tax commission. GUARDIAN amateur opinion suggests the “ordinary and necessary” provision in the constitution trumps the 3% budget cap and Boise County should sell bonds to get out of their mess.
–North Ada County Fire and Rescue seeks a $99 lease over 99 years for a fire station at the Fair Grounds, but lawyers tell them it needs to go before voters for a cost well in excess of $1,000 just for the clerical work. GUARDIAN amateur opinion says no need for a vote since the GUARDIAN paid the lease bill in advance.
–Greater Boise Auditorium District refused to name a candidate for appointment to the elected position on the board after getting bad legal advice. GUARDIAN amateur opinion quoted Supreme Court decision mandating candidate names for appointment to city council must be revealed. GBAD relented and revealed the insider appointment.
–Ada County dumps $2 million into a trash burner, following bad legal advice, and the deadline for repayment of the loan-that-isn’t-a-loan to Dynamis has passed with taxpayers left holding the trash bag.
–State legislator holds gas and oil leases and fails to notify fellow senators of conflict. Legal advice is mixed between Dems and Repubs.
Sure, it has been a cold spring and Tuesday’s crappy weather put lots of us in a bad mood, but when are we going to get some decent candidates to occupy public office? It doesn’t help to read the results of a CORRUPTION survey of state government which puts Idaho on the lower end of the integrity scale.
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Comments & Discussion
Comments are closed for this post.
Mar 21, 2012, 9:43 am
JFAC just approved $700,000 for the legislative legal fund. http://www.spokesman.com/blogs/boise/2012/mar/21/jfac-votes-use-700k-general-funds-future-legal-costs/
Looks like they are planning to pass some bad legislation.
EDITOR NOTE–The prosecution rests its case!
Mar 21, 2012, 11:36 am
Mr Guardian
As a resident of Boise County I can tell you that the problem is not bad legal advice, it is stupid commissioners. Our Commissioner Terry Day just did a interview for the Idaho City World ( our local Newspaper) and if the county doesn’t get sued again from all the parties in the lawsuit I will be shocked.
Mar 21, 2012, 11:41 am
I like to make an analogy of the Boise Idaho government to the local weather. The weather system that we have here in the North West is actually two systems that converge and create a volatile mixture, when you mix hot with cold you get a violent mix. The government here is the same, there are those who are so convinced that preserving the “old ways” are the best ways, and then there are those who believe that conservatism leads to stagnation. A mixture of both has created a volatile system, which typically cannot come to an agreement on virtually any topic. there are too many people here that have taken a stance on the extreme left or the extreme right, and with these two drastically opposing sides battling for their view on how this state should be ran, very little is actually accomplished, and the ones who suffer are those who pay the bill. Too many times in this state there are politicians who take advantage of the people, such as John Bujak, John McGee, and (I forgot his name but the guy who lives with his parents and takes state money), and as long as this debacle of leadership continues, and there are no compromises in our leadership, and we continue to blindly follow the advice and direction of those who steal from us and lead us with a do as I say but not as I do mentality, we will continue down this path of self-obliteration. I say we fire each and every last one of these politicians, and start new.
Mar 21, 2012, 11:44 am
“Gypsies in the palace” along with elected officials who can’t figure their way out of a wet paper bag.
They need to go to District Court and get a Judge to give them Judicial Confirmation to issue revenue bonds to settle this shameful episode. Let the Idaho Supreme Court decide what can be done if they are challenged.
Mar 21, 2012, 7:44 pm
Can anything be done to hold Commissioner ullman responsible for the taxpayers 2 million dollars. Is she not the one that personally hand delivered the money to them because other officials would not. We need to pay more attention to the budget for Ada County and see how our money is being spent. Let’s hope she will be gone soon.
Mar 21, 2012, 8:40 pm
Unfortunate, but true. Not everyone in government is stupid or crooked, but those that are not, are not doing anything to correct the problem either. Not until leaders feel real heat and shame, with no wiggle room at all, will they take action. And then only minimal and delayed action. I think this is otherwise known as honor among thieves.
I’ve noticed a fascination which our leaders have with China. This is because our leaders would like me to be very afraid to post this message.
PS: Paul, don’t offend the Gypsies. They only take what they need and share within the family. We are suffering from real for-profit organized crooks.
Mar 21, 2012, 9:43 pm
So concerned – did Sharon Ullman give the money by fiat? No wait – it had to be voted aye by the majority of the Commission.
I don’t think you’re really concerned. I think you just don’t like Sharon. If you were concerned, you’d call out the other Commissioners who voted this in.
Mar 22, 2012, 11:16 am
Don’t know this person personally, just see the crazy things she does. I don’t know what other commissioners voted on this but wasn’t she the one promising it would be returned.
Mar 23, 2012, 2:26 pm
To Concerned – yes, Sharon was the one that promised the money would be returned (printed in the Idaho Statesman as a direct quote from her). We have also learned from prior postings on this site that she was also the commissioner that directed the checks to be cut out of the normal processing cycle–even though she was told the documentation was not in proper order and further, she signed for and personally hand-delivered the checks to Dynamis herself. What commissioner/CEO does that for any contractor? The big question people need to be asking is WHY??
To Nan emouse a.k.a. SB, it’s interesting you spend your time carrying Sharon’s messages. One would think you would want to think for yourself instead of doing what Sharon tells you to do. Carrying another person’s messages for them when you have no facts or personal knowledge of the statements you make, might not ultimately bode well for you. You are correct about one thing though, there are some of us that do not like Sharon in her role as a commissioner because she is not whom she professes to be and she should be exposed for the elected official she really is–the kind of elected official we have all grown very weary of – PHONY!. All elected officials should be exposed for who they truly are. Wouldn’t you agree, or could that hit just a little too close to home?
EDITOR NOTE–CIVILITY REMINDER. Politicos are fair game, but we don’t want the GUARDIAN to become a forum for people with fake names to fight with each other. If you want to call someone a phony, it is certainly more honorable to do it under your own name. No need to waste time and space calling someone else’s motive into question.
Mar 23, 2012, 4:18 pm
nan emouse – I have pointed out many times that commissioner Ullman was not in this alone. Former commissioner Fred Tillman as well as current commissioner Rick Yzaguirre were also involved in the Dynamis deal and were just as guilty of giving away money without any meetings that would have given the taxpayers a chance to ask questions or voice any concerns. When commissioner Izaguirre is up for re-election in 2 years I will be reminding everyone that he gave away money with no apparent oversight. Former commissioner Tillman is now running for the Idaho legislature – that will give him the chance to waste the money of all of the citizens of Idaho.
Mar 23, 2012, 9:16 pm
Some say Yzaquirre is a puppet on a string with Ullman and is also afraid of her. He is suppose to be a leader! I hope Vern gets well soon and can hopefully bring some balance into this office. Time to start at ground zero with some new leadership making intelligent decisions for the taxpayers of Ada County. Maybe the upcoming elections will do this. We will have to wait two years for Yzaguirre. Get out there and see what the new candidates have to say. Who’s nan emouse, another puppet?