County
Private Eye, Former Boise Ombudsman Investigator To Probe Ada Commish-Dynamis Deal
September 11, 2012 
Verna R. Kessler, a former investigator for the Boise Office of Ombudsman, has been assigned to the investigation of the Ada Commishes and Dynamis Energy.
The “hot potato” investigation has been passed off from the Ada Sheriff, Ada Prosecutor, Attorney General, Bannock Sheriff, Boise Police, and now a private investigator. Perhaps the sixth time will be a charm. Bannock County Prosecutor Mark Heideman will review the results of the investigation.
Kessler is listed on a LINKEDIN site as “current president at Kessler Litigation Support, Inc., a past Boise City Ombudsman Investigator at Boise Police Department and a Special Agent at FBI.” According to a joint press release from the Ada Sheriff and Prosecutor, she is also a Certified Public Accountant. One GUARDIAN source told us she was, “very competent and methodical in her investigations.”
“I have full confidence Verna will conduct the thorough, objective inquiry necessary to help determine whether there is any evidence of criminal behavior by representatives of Dynamis or Ada County,” said Ada County Sheriff Gary Raney.
Ada County Prosecutor Greg Bower added, “We needed to find someone the community would trust and who did not have any political ties to any of the parties involved. Verna’s experience and credibility made her the perfect person for the job.”
Previously the other agencies opted out due to conflicts of interest. Boise PD had accepted the assignment most recently, but Mayor Dave Bieter vetoed
the agreement and BPD was pulled off the investigation after only one day.
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Comments & Discussion
Comments are closed for this post.
Sep 11, 2012, 3:44 pm
I guess I posted my comment on the wrong Guardian article, so here it is again:
So are we pretending there is no conflict of interest that Raney and Bower just chose who to appoint to decide if an investigation of the Commissioners is warranted? There is a blatant conflict, since each was just rewarded with a 15% raise by the very people the taxpayers seek to have investigated. Moreover, they have not found someone to investigate the allegations. Rather, the Statesman reports that they have found someone to determine whether the allegations made are worthy of investigation. Why this extra step? It’s just further cushioning of the Commissioners from any accountability and a further delay until after the elections.
I hope Jim Tibbs gets elected and he and Dave Case actually clean up the County, including making sure proper investigations into past inappropriate activities by the other commissioners take place.
I would also note that today they approved an expansion of the boundaries of the Dynamis project from what I understand, in order to help Dynamis get its DEQ permit. Consideration of the actual lease with Dynamis was tabled until Thursday. So let’s get this straight: The Commissioners met in secret with Dynamis principals for like a year and then rushed through a contract and handed them 2 million dollars despite the Dynamis folks being unable to even obtain a performance bond. When an issue arose about them getting financing, the Commissioners extended the contract from five to 30 years to help Dynamis. Today they extended the boundaries of the project to help Dynamis get a DEQ permit. So basically, the Commissioners have put everything into getting this thing going. WHY? This unbelievable commitment to getting this thing through is mind boggling.
They have defended Dynamis to the extreme point of giving up their political careers (a la Sharon not getting re-elected). Why? People don’t do stuff like that without motivation. What is the motivation? And on top of everything else, they will not permit an inquiry and have delayed it and delayed it and passed it from one agency to the other, and now we get an inquiry to see if there should be an inquiry by someone appointed by two folks who just were handed 15% raises. Seriously?
Sep 11, 2012, 6:50 pm
Want to know what Dave Case has to say? http://www.youtube.com/watch?v=M99k7X2QxWk
Sep 11, 2012, 7:03 pm
Where in the world is the petition to get Yzaguirre out of there??
Sep 11, 2012, 8:47 pm
Dave Case appears to be the rare creature of a politician with integrity! It is heartening to see you speak out so honestly and on behalf of the citizens of Ada County. Thank you!
Sep 11, 2012, 9:11 pm
Maybe Safe Idaho Citizens can get the petition started, we are all lining up to sign it and help get it done. Thank you Dave Case for standing up to this mess.
Sep 12, 2012, 8:07 am
First things first. Thankfully, there are honest politicians out there. Contrary to Commissioner Ullman’s derogatory postings about him, people who have worked with Mr. Case before consider him to be upstanding.
Second, the sooner the door slams on Commissioner Ullman the better. You would never know she lost an election….
TITLE 31
COUNTIES AND COUNTY LAW
CHAPTER 8
POWERS AND DUTIES OF BOARD OF COMMISSIONERS
31-807A. COMMISSIONERS MUST BE DISINTERESTED. No member of the board must be interested, directly or indirectly, in property purchased for the use of the county, nor in any purchase or sale of property belonging to the county, nor in any contract made by the board or other person on behalf of the county, for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes unless otherwise authorized by law.
TITLE 31
31-855. NEGLECT OF DUTY BY COMMISSIONERS. Any commissioner who neglects or refuses, without just cause therefor, to perform any duty imposed on him, or who willfully violates any law provided for his government as such officer, or fraudulently or corruptly performs any duty imposed on him, or willfully, fraudulently or corruptly attempts to perform an act, as commissioner, unauthorized by law, shall be guilty of a misdemeanor.
CHAPTER 6
COUNTIES AS BODIES CORPORATE
31-605. COUNTIES NOT TO LOAN CREDIT. No county must in any manner loan or give its credit to or in aid of any person, association or corporation unless it is expressly authorized by law so to do.
CHAPTER 44
SOLID WASTE DISPOSAL SITES
31-4405. RULES AND REGULATIONS — NOTICE OF VIOLATION — MISDEMEANOR — INJUNCTION. All solid waste disposal systems shall be located, maintained and operated according to rules and regulations …whenever it appears to the state board of environmental quality that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or of any rule or regulation promulgated and adopted under the provisions of this act, the board may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this act or any rule or regulation hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this act or any rule or regulation hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The board of environmental quality shall not be required to furnish bond.
and so on….Don’t you think that TITLE 31, 31-855. NEGLECT OF DUTY BY COMMISSIONERS needs to be changed to include jail time!
Sep 12, 2012, 2:32 pm
It sounds as if someone needs to go to court and ask that all business dealings with dynamis be halted immediately until after the investigation is complete.
Dec 12, 2012, 11:52 am
Editor: please post your views on these recent developments–it’s too complicated already.
Dec 12, 2012, 3:47 pm
Here’s latest on Dynamis:
http://www.idahostatesman.com/2012/12/08/2373799/deq-raises-concerns-about-dynamis.html#storylink=cpy