Constitution
Even With Payback, $2 Million Dynamis Deal Would Remain Illegal
November 10, 2012 
Ada Commishes will consider a motion to demand repayment of a $2 million loan made to Dynamis back in 2010. The meeting is at 1p.m. Wednesday at the Court House on Front St.
Under terms of the contract, the waste to energy company must repay the loan prior to construction of the processing plant. The GUARDIAN has repeatedly noted Idaho’s Constitution, Article VIII, sec 4 prohibits the loan of public funds to private businesses.
Idaho Citizens for Safe Environment and Transparent Government filed a lawsuit against Ada County over the Dynamis project. Included in their complaint is a claim the $2 million constitutes a loan, and it is illegal for counties to loan money to businesses.
Sort of like a burglar getting caught inside a building and saying, “OK, I’ll go back outside.” Too late! It’s also too late for the Commishes and Dynamis deal to become legal.
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Comments & Discussion
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Nov 10, 2012, 2:01 pm
Sounds good!
Nov 10, 2012, 10:21 pm
If they are playing with honorable people a graceful “mea culpa” on both sides and a return of all the county cash appears reasonable. Now we get to see where “honor” fits in the game-plan. I expect the money is gone.
Nov 11, 2012, 1:39 pm
I think that the time for ‘Honorable”and “graceful” may have passed, I’m leaning more towards, “abject” with promises not to ever exhibit this amount of blatant disregard for the people and the law now and in the future.
Nov 12, 2012, 11:06 am
Too little, too late, and I don’t think there’s a snowball’s chance in hell taxpayer’s of Ada County will ever see that 2 mil again no matter what the Commissioners’ demand. There would be no need to back track if they had followed the law in the first place. This needs to play out. The disreguard for a public process is inexcusable, let alone forking over the dough in the first place.
Nov 12, 2012, 11:12 am
There is no honor is trying to get out of a deal when the only motivation for doing so is having being caught in what appears to be an ilegal transaction, underestimating the citizens invovlement and demand for a legal, fair and transparent government and facing a organized lawsuit from constituents.
If the courts rule that this transaction was illegal, I hope there is a personal liability and/or criminal implication for those commisioners who created and perpetuated this monster. Without some personal skin in the game, our leaders have little loose when they make illegal decisions. There is a difference between a wrong decision, or a mistake, and an illegal decision/contract/”investment”.
Nov 12, 2012, 5:07 pm
Does anyone really believe that Dynamis has $2 million to hand over? Considering they needed the money to buy laptops and basic office start-ups, per the PRR information we obtained.
This motion to get the money back will likely be rejected by the Dynamis Duo and have to be reapplied again when the transfer of power takes place in January. It is a strong contractual way out.
Either way, Dynamis may need to start digging for some money when the call comes in and gets voted in the affirmative.
As an aside the other death knell from this project could come from our lawsuit, along with a stringent look at how this could have even been allowed to begin, let alone continue to grow.
Also the IDEQ could kill this by finding serious issue with the air modeling, something that could well take place given their new viewpoint on the whole project.
Should IDEQ decline the permit, Yzaguirre, who has failed to understand even the basic regulations governing the process, would have an easy out since he stated he would vote against Dynamis should the permit fail.
Other stopping points include, as yet to be announced, lawsuits against the county or Dynamis directly.
Per the expression;The fat lady has not yet sang, but she is warming up her vocal chords. And the song will soon begin.
Thanks to everyone who has posted comments on the BG blog – many useful points and views.
The Boise Guardian has done an excellent job in pointing out things that needed to be brought into the highlight. Thank you.
It is time that the people of Ada County take back their government and prevent this from happening again.
Nov 14, 2012, 7:28 am
Dear Safe Citizens. Since the commissioners put it on the agenda and seem to be aware they have to get the money back in order for Dynamis to obtain the building permits, I would guess Dynamis got funding from another source or borrowed money and will indeed pay Ada County back. We shall see.