Jail bond missed by only a few votes. We advise sheriff and county officials to renew efforts to force the state of Idaho to take the daily 100 inmates that belong in the prison, but the state refuses to pick them up. The issue is NOT the super majority, it is the people of Ada County subsidizing the state.

KTVB-7 had the best coverage by far. Their crawler at the bottom of the TV screen kept folks informed of election results and reporters at key venues contributed to the evening’s information. They also did a nice job tracking results throughout their coverage area all the way to SE Idaho.

BOISEDEV had big boy coverage with a television-style anchor desk commenting and covering the races.

Secretary of State Phil McGrane made guest appearances with the media folks, including KTVB and BOISEDEV. Keep your eye on this guy he is looking like a valuable public asset for all Idaho.

Guest Opinion by
RANDALL FRANCH, Esq.

The Legislature passed into law one bill to criminalize gender-affirming medical care and another to criminalize any person involved in interstate travel of girls for abortion. Gov. Brad Little signed those bills, although he did veto a bill criminalizing librarians for not engaging in certain book-banning.

Only one member of the Boise School District Board of Trustees, Shiva Rajbhandari, expressed his frustration with the Governor’s actions. He said aloud what many of us thought. Those thoughts were expressed with profane language, but they addressed the extreme threat that this Legislature had made to the health, safety and lives of too many young people in Idaho. That Gov. Little, supposedly the moderate Republican, would sign those bills, says much about the power that right-wing Republicans, controlled by dark money forces that they do not even know exist, exert on Idaho politics. Idahoans are not nearly as hateful as their Legislature makes them out to be.

The School Board reacted badly to Mr. Rajbhandari’s social media post. It determined that Mr. Rajbhandari had violated its Code of Ethics, although it did not identify any specific part of that code in its press release, or how and why Mr. Rajbhandari’s statements, made on his personal social media, should be subject to any action by the Board of Trustees. Free speech may make people uncomfortable; sometimes it must make people uncomfortable to force them to open their eyes to behaviors that must be stopped.

That Board should have expressed its own outrage at legislation that potentially subjects its most vulnerable constituency to harm and deprives them of the medical care designed and intended to save their lives. It should not have engaged in the bullying of Mr. Rajbhandari, who is still 18 years old, facing off, unfortunately, against a Board of much older, more experienced adults. This Board of Trustees should be vehemently opposed to bullying, even by this Board of Trustees, against one of its own members. Bullying must be opposed whether on school grounds or in Board of Trustee Boardrooms.

The steps that Mr. Rajbhandari is taking are not, as insisted by the Board, an exercise in rebuilding trust. It is simply punishment for free speech that they did not like.

There is no question that Mr. Rajbhandari had a first amendment right to address these matters, even in harsh terms. It is less clear that the Board of Trustees had any right to sanction Mr. Rajbhandari at all for his protected speech. Neither the School Board nor any other body consisting of elected officials should have any right or power to sanction another member for their constitutionally protected speech. The voters who elected Mr. Rajbhandari are the sole arbiters of sanctions to be imposed. That is what elections are for.

The School Board would have done far better to issue a press release criticizing language it did not like but strongly identifying with and expressing unyielding support for the LGBTQ+ community, as Mr. Rajbhandari wholeheartedly did. That it missed this opportunity shows a complete failure to stand up for the constitutional rights that all Americans, even board members, have and the rights of Idaho’s children to the medical care they may need.

EDITOR NOTE–The GUARDIAN has also questioned the propriety of the school board meeting in a secret (executive) session to discuss the private activities of a fellow elected official.

Former Boise Police captain Matt Bryngelson touched off a firestorm when he became a poster child for a racist group based in Tennessee following his August retirement.

In the midst of contract negotiations with the police union, Mayor Lauren McLean made a statement condemning racist attitudes and launched an “independent investigation” into the Boise PD. She has apparently hired an outside investigator to handle the probe.

Here is what we know:
The revelation that Bryngelson had connections to the racist group took about everyone–especially members of Boise PD–by surprise. The GUARDIAN talked to former chiefs, union members, and others who all professed to have been “blindsided” and repulsed by what has been revealed.

There seems to be major concern that the mayor has ignored the recently created OFFICE OF POLICE ACCOUNTABILITY for the second time in recent months.

Previously she had been advised to place former Chief Ryan Lee on admin leave during an investigation into Lee’s use of force during a training incident that caused injury to an officer. She refused the advice, but later ended up terminating Lee. Bryngelson was one of the officers who had filed complaints against Lee.

The GUARDIAN can’t help but agree with BPD officers who note the alleged racist activity of Bryngelson should be of no concern to Boise officials since he is no longer a member of the department. From what we have seen, his public comments are despicable, but protected by the First Amendment right to free speech. In short, with no prior complaint and the fact he is not a public employee, there seems to be little cause to launch an investigation. Free speech, no matter how vile, is not a crime.

At last check the GUARDIAN found the Ada County election office could not find any “qualified electors” living within the “community infrastructure district” (CID) which was established years ago to finance the proposed project through sale of municipal-style bonds. Under the scheme lobbied into law by the developers of Avimor rather than using their own money, developers are able to sell the bonds and then place the repayment financial liability on each parcel as it is sold. The election would consider taking out up to $600 million in debt, with an additional $311.5 million in interest — for a total of $911,560,484, to be paid back over 30 years.

The Idaho constitution states in ARTICLE VI, SECTION 2. QUALIFICATIONS OF ELECTORS. Every male or female citizen of the United States, eighteen years old, who has resided in this state, and in the county were [where] he or she offers to vote for the period of time provided by law, if registered as provided by law, is a qualified elector.

So what happens when they hold an election and there are no voters? Ada County’s legal staff and the election office are studying the issue. So far, we hear the developer is struggling to come up with a couple of voters.

It appears there will be challenges if the developer is unable to come up with legal Idaho residents of the CID who own property and have lived there for at least 30 days. In reality it would seem nearly impossible to find financial backers who would rely on the vote of a handful of property owners to finance nearly $1 billion.

Here is the Idaho law on voting:
IDAHO CODE 50-3102
(13) “Qualified elector” means a person who possesses all of the qualifications required of electors under the general laws of the state of Idaho and:
(a) Resides within the boundaries of a district or a proposed district and who is a qualified elector. For purposes of this chapter, such elector shall also be known as a “resident qualified elector”; or
(b) Is an owner of real property that is located within the district or a proposed district, who is not a resident qualified elector as set forth above. For purposes of this chapter, such elector shall also be known as an “owner qualified elector.”

Legal scholars we contacted agreed that provision 13(b) could face constitutional challenges in that it allows non-residents to vote if they own property.

The GUARDIAN visited this issue back in 2011.

LITTLE

A question arises now that he may have violated that oath when he signed the abortion bill and even admitted it may be unconstitutional.

In a letter explaining his approval of the law, Little also said he worries the civil enforcement mechanism will be proven “unconstitutional and unwise.”

In a legal opinion sent to Sen. Grant Burgoyne, D-Boise, who opposed the bill, Idaho Chief Deputy Attorney General Brian Kane said the legislation would likely violate the U.S. Constitution.

All that said, there is still the current issue of homeless camping on the state-owned former Ada County Courthouse, just like the OCCUPY BOISE movement did ten years ago. Someone has convinced the legacy media to call homeless folks “unhoused.” That’s like calling a childless couple “unchilded.”

At that time U.S. District Judge Lynn Winmill ruled the economic protest was a FREE SPEECH issue. Here is what the judge said of then Gov. Buth Otter’s attempt to evict the OCCUPY protesters:
“Because the reach of the State’s enforcement may exceed the grasp of the statute, this creates the appearance that the state is stretching to suppress the core political message of Occupy Boise – its tents – as presented in a public forum. These circumstances render the State’s enforcement policy of removing Occupy Boise’s tents presumptively invalid under the 1st Amendment.”

In describing Otter’s eviction order for Occupy Boise, Winmill wrote, “Governor Otter’s edict, and the stated intention of the State Police, is to remove Occupy Boise entirely – tents and all. … This creates the appearance that the State is stretching to shut down a political message – a tent city – presented in a public forum.”

While not binding case law, it would seem the same legal arguments for the protest–and inability of government authorities to evict the campers would apply.

Former Boise Police Chief Mike Masterson refused to assist State Police 10 years ago and his message back then is probably being used today, despite explanations that it is state property and not part of Boise City.

Here is the BPD stance in 2012:
“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.”

It may be a bit of an oversimplification, but today’s issues pit two legal decisions against each other. The federal court case of Boise vs Martin ruled that Boise could not arrest or ticket homeless folks “camping” on the streets if there was no room at a shelter, Winmill opined the tent city was a first amendment issue rather than a camping issue.

UPDATE 3:30 pm–ISP has issued the following press release:
This morning at 8:00 a.m., Idaho State Police Troopers visited the site where multiple tents are erected on W. Jefferson Street between N. 5th and N. 6th Streets in Boise. The location is state property and subject to Idaho State Code 67-1613. The state is also operating under State Rules for Capitol Mall use under the Idaho Administrative Procedures Act (IDAPA, as managed by the Idaho Department of Administration), and the federal court order Watters v. Otter, 955 F.Supp.2d 1178 (2013). The court order allows symbolic tents but prohibits camping and indicia of camping.

The purpose of the visit was to check for any prohibited items and to check on the welfare of those on-site. Prior to the enforcement action this morning, Troopers confirmed there were beds available at the local shelters.

Troopers have continued to educate those on-site as to allowable and prohibited uses of state property. During this morning’s visit, Troopers found and seized a number of prohibited items including indicia of camping; sleeping bags, pillows, and propane tanks. Troopers also found and seized alcohol and drug paraphernalia including a pipe and a bag of syringes. Items that were prohibited on state grounds and unclaimed by the owner were removed by the Troopers. Those items are being stored and information was left on-site on how any individual wishing to claim ownership of the items can recover them. Illegal items such as drug paraphernalia will not be returned.

As Troopers assisted with removing unclaimed prohibited property, they could see grass and landscaping showing signs of damage from the sustained use. Troopers also found the site to contain a large amount of garbage, food waste, feces, and cups of what appeared to be urine. Two tents were found with interior contents covered in vomit. Troopers asked an individual coming out of one of the tents if they were in need of medical or social services. The offer was declined. Troopers have continually asked those present if they are in need of available shelter or other services, offers which have also been declined.

No tents were disassembled or removed by Troopers, however, some individuals on-site voluntarily removed tents and indicia of camping which they claimed ownership of.

Enforcement Action Taken:

Troopers issued eight individuals warning citations after they were found to be in violation of Idaho State Code 67-1613:

67-1613. CAPITOL MALL AND OTHER STATE PROPERTY AND FACILITIES – CAMPING PROHIBITED. No person shall camp on or in any state-owned or leased property or facility including, but not limited to, the capitol mall, except those that are designated as a recreational camping ground, area or facility.

Troopers also arrested four individuals identified to have outstanding arrest warrants or probation violations. The outstanding warrants referenced failing to appear in court on previous drug or disorderly conduct charges. All four were taken to the Ada County jail. Three were booked on the outstanding warrants. A fourth, a man from Boise, was turned over to the custody of Probation and Parole.

Arrested: Timothy N. Christensen, 39, Boise
Charge: Warrant (m) Failure to Appear, multiple counts

Arrested: Yolanda M. Pullman, 51, Boise
Charge: Warrant (m) Failure to Appear

Arrested: Tyler B. Berg, 19, Boise
Charge: Warrant (m) Failure to Appear, multiple counts

It is the intent of Troopers to continue to work with those on-site, to direct anyone in need of health or social services to the appropriate service providers, and to continue to educate and take enforcement action as necessary to keep the government-owned property maintained and safe.

FROM GUBERNATORIAL CANDIDATE JANICE McGEACHIN was not so kind in her press release:
Over the last several weeks, state property on the corner of 6th and Jefferson, in front of the old Ada County Courthouse across from the Capitol, has become the site of a protest camp occupied by radical activists taking advantage of the homeless.
I have confirmed with Idaho State Police (ISP) that many of the occupants of this camp are not homeless and actually leave the camp at night.

Meanwhile, even as radical leftist activists are trampling on our laws and our landscaping, Idaho’s State Board of Education has been circulating this 2022 Idaho Threat Assessment Conference flyer hyping upcoming sessions on the supposed threat of “right-wing extremism” in America.

Here are some items to comment upon:

–Gov Little failed the citizens by not using his veto stamp on SB1110 which makes it nearly impossible for the voice of the citizens to be heard on initiatives.

–He did veto two bills which would have diminished gubernatorial power during emergencies.

–Recent local crimes include child found deceased in Emmett. Suicide in Meridian following Canyon copper chase. Boise coppers stop pipe-wielding northlander who allegedly smacked police dog. Stabbing suicide on Federal way. Garden City coppers shoot man in domestic incident.

–Trucker crossed median near Nampa and hit another semi head-on resulting in fatality. ISP wants witness info on the east bounder’s driving prior to crash.

(Feel free to offer up your own topics of debate or comment as well)

By VICKY McINTYRE
Guest Opinion

Did I Miss the Vote?
Article 8, Section 3, of Idaho’s Constitution requires two-thirds (2/3) of voters to approve any government indebtedness that will last more than a year. Despite this clear provision, local leaders continue to defy both the letter and intent of Idaho’s Constitution, causing our property taxes to rise without appropriate voter input.

On October 1, 2020 (the first day of Ada County’s new 2021 budget year) the Idaho Health Facilities Authority and the Ada County Commission entered into Primary Lease Contract #14096 instructing the Health Authority to issue “Lease Revenue Bonds” for the county to finance the “$46.4M Ada County Coroner Project”.

The primary lease document references Idaho Statute 39-1441 that allows a County to contract with other entities “to acquire, construct, reconstruct, renovate, improve, replace, maintain, repair, operate, lease as lessee or lessor and regulate one or more health facilities.…” The lease also refers to Idaho Statute 31-836 “to enter into any lease, either as a lessor or a lessee, or other transaction with Authority concerning any County property for a term not to exceed NINETY-NINE (99) YEARS” (emphasis added)

Also on October 1, 2020, the Idaho Health Facilities Authority and Ada County entered into Agreement 14098 for the “Annual Appropriation Lease Agreement”. This is where the aforementioned agreement gets paid for, using our taxpayer dollars!
According to their website, the Idaho Health Facilities Authority “was established by the Idaho Legislature in 1972 to issue bonds and notes for the purpose of improving health care for residents of this state by providing less expensive financing for health care facilities. “ (https://idhfa.org/)

Does a Coroner’s suite really constitute health care facilities? By the time someone needs the coroner, it’s too late for better health care! Taxpayers should have been consulted before the county incurred this long-term indebtedness. Calling this financial configuration a lease agreement is “FUZZY FINANCING”. (Fuzzy Financing is how the Ada County Courthouse and the Boise Centre on the Grove were built.)

Why are Ada County Commissioners voting on long-term (lease) debt instead of Ada County’s taxpayers? What is the difference between a long-term lease payment and a taxpayer-approved bond payment? The difference is the voice of the taxpayer in the decision process. Long-term leases, at their core, violate both the letter and the intent of the Idaho Constitution, which is designed to protect us from government overreach and unreasonable taxation. This fuzzy financing increases your property taxes!

How can citizens control government spending? The Idaho Legislature convenes on January 11, 2021.

–Contact your legislators to make sure they review how governmental entities use long-term leases to circumvent the Idaho Constitution and ask them to provide property tax relief for homeowners.

–Contact Commissioner Kendra Kenyon to voice your disapproval of this type of funding. She is the one remaining Commissioner who voted for this contract.

–Review proposed county budgets, coming out in the next several months and attend your County budget presentation this summer. Show up and be vocal!

EDITOR NOTE–As always the GUARDIAN will offer space to opposing views. Please remember to keep comments within the realm of civil discourse.

We will offer some additional topics, but remember, it is only for lack of material that we make the offer. Let’s avoid COVID-19 and the Presidential race results please.

Here are some topics:

–Anyone else notice the plethora of California and Washington license plates lately. Are there that many visitors and newcomers or do our neighbors to the South and West just ignore the requirement to obtain Idaho plates?

–Are the California and Washington students paying out of state tuition or claiming Idaho residency without relicensing their rides?

–Is City Hall spending too much time and money on “affordable housing?”
What about forcing employers to pay wages commensurate with rent or housing prices? When citizens pay for “incentives” to builders and developers aren’t we just subsidizing development?

–We need more schools and jail expansion due to GROWTH. It would seem logical for school administrators and the sheriff to oppose any incentives, “economic development,” or other promotions aimed at attracting more population and demands on our infrastructure.

–Will the new Ada Commishes put a stop to recent schemes aimed at subverting the right of citizens to vote on public debt?

–Any thoughts about the special note on our Ada County tax bill referring to GOV LITTLE’S ONE TIME TAX REDUCTION in bold type. We never seem to name politicos when there is a tax HIKE!

Meanwhile, wash your hands, keep your distance, and wear a mask–even if it is just to keep others from bitching.

The GUARDIAN wouldn’t be surprised if Lachiondo pops up back at Boise City Hall with Mayor Lauren McLean. She previously worked for former Mayor Dave Bieter.

Repub Rod Beck with 133,799 votes prevailed over Dem Bill Rutherford’s 114,464 for the empty seat vacated by Rick Visser.

One of the first issues facing the new commishes will be the the right of citizens to approve long term debt for a county jail expansion.

Idaho’s constitution mandates that citizens give permission to local officials to go into debt–normally through a bond election which pledges the “full faith and credit” of the citizens.

Ada County’s current commishes denied voters a voice when they approved a financing plan for the jail expansion using a scheme called “certificates of participation” which was created by a law firm to circumvent the constitution.

The GUARDIAN suggests if all those involved at the courthouse truly have the best interests of citizen-taxpayers at heart, they will cancel the certificate scheme which was based on a convoluted lease-purchase deal with annual renewals for up to 30 years– and schedule a bond election as prescribed in the constitution.

Our state constitution mandates a voter approval of debt and it should be followed rather than be circumvented. Let’s hope the current and newly elected commishes have the moral character to put the funding of a jail expansion up to the voters.