Ada County Commish Fred Tilman can offer more “spin” than a Yo-Yo when it comes to talking about what he did or didn’t do to county employees’ job status.

Recently on NewsRadio 580 KIDO, Tilman talked about the County’s new at-will employment policy:

“I think a lot of people have a misconception. The ordinance that we passed simply gave people notice. It did not put anything into effect. It simply gave all the employees notice of the fact that we were moving to a new system, personnel system.”

The ordinance, unanimously passed by the commissioners on December 27 actually says:

“Effective March 1, 2007, a new Chapter 7 is hereby enacted implementing an at-will system of personnel administration. On the same date, handbooks providing the human resource policies and procedures of Ada County will be adopted by resolution of the Board of Ada County Commissioners.”

In the ordinance, the commissioners also clarified,

“At-will employees serve at the will and pleasure of their supervising elected officials. Their employment may be terminated at any time, with or without cause.”

That’s pretty clear. The deed has been done, but it does not become effective until March 1 (or when the employee handbook is completed). For Tilman to claim that, “It (the newly passed ordinance) did not put anything into effect” is pretty slippery and rivals the landfill methane gas when it comes to the “smell test.”

On AM580 KIDO Radio, Tilman continued:

“The reason we have to do that is the one (the personnel system) we’re presently operating under was ruled unconstitutional by the Idaho Supreme Court, so we have to make the change.”

It WAS necessary for the County’s old personnel system to be changed to correct legal problems. It was NOT necessary to change the status of all employees to “at will” in order to do so. The simpler fix would have been to allow all employment terminations to be appealed to the Board of Ada County Commissioners for review. That’s it.

The commishes claim the new ordinance will save taxpayers money. Probably not. A capable employee wouldn’t work for Ada County if they could make more money working in the private sector, or have more rights (and security) working for Boise City or the State of Idaho.

Taxpayers will lose in the long run. The current annual County budget for salaries and benefits exceeds $93 million. Recruiting, hiring and training employees costs money, and service suffers when turnover is high. Ada County will become, even more than it is now, a training ground for other public agencies. It costs about $50,000 to replace a Sheriff’s deputy.
Money aside, the scariest aspect of the new at-will system is that because an employee can be fired “without cause”, the County will be able to fire employees for any reason at all, including:

• political party affiliation or loyalty
• involvement in community issues
• reputation

With a classified employment system, well-qualified, hard-working employees felt reasonably secure about continued employment. The at-will personnel system, is wide open to witch hunts and oldtime political patronage and probably labor unions—even if the county won’t recognize the union.

We have been reflecting on the past year along with the new year and would like to share some thoughts about the GUARDIAN and what we feel and believe. I am sober (don’t drink) on this New Year’s eve and after a week in the Tampa Bay area of Florida with family it is time to get back in touch.

The GUARDIAN has worked to inform you of the “sins of government” over the past year, but with little change, improvement, or hope for the future. We are not really depressed, just realistic.

In short, one guy with a web blog can’t fight the might of government with paid spin doctors who earn thousands of dollars more than mainstream media. Ever hear of someone leaving a government PR job to work for a newspaper or TV station?

Development rules, developers are hailed by the Daily Paper, and our air, schools, and roads continue to be used beyond capacity. The only glimmer of hope seems to be the recent Idaho Transportation saber rattling over Avimor’s access to Highway 55.

In general we feel local government does a pretty poor job of responding to citizens and is too eager to judge “accomplishments” by the number of growth-related issues they approve. It is an absolute fact that much, if not MOST, of the money paid to local candidates comes from developers and those who gain from growth. It is a filthy system.

We have often said–and many readers seem to agree–Boise’s City Council seems to have little regard for voters and the rights we are afforded by state law and the constitution:
–We need a cop shop, but they won’t let us vote on a proposal.
–There is an apparent need for airport parking, but they won’t put it to the voters.
–They refused to allow a hearing or public meeting on how to spend $10 million in surplus funds.
–Legal dept. at behest of mayor and council chases futile legal issues.
–They cater to downtown, the CCDC, and developers.

At the county level the Ada commishes have little respect from citizens, despite “demands” from at least one commish to be respected. They have:
–Continued the legal battle over illegal closed meeting issue.
–Rushed to pass a poorly worded and thought out EMS ambulance ordinance.
–Enraged county workers with another rushed passage of “at will” work rules.
–Continue to encourage overpopulating our county with “planned community” developments.

Based on the anonymous e-mails we get and the number of commenters who don’t use their real names, we can only conclude most people are afraid to speak openly for fear of retaliation from employers, loved ones, or the government.

The GUARDIAN will attempt to continue to provide a forum for one and all in the coming year, but it will probably be at a reduced frequency. We are tired and disappointed. It is not supposed to be this way.

Previous GUARDIAN postings have been slammed with paramedics and firefighters sniping at each other over the ordinance which we see as a power play on the part of the county to rescue an ailing agency.

Ignored by everyone–including the mainstream media–is a provision in the existing IDAHO CODE which gives cities the power to allow a county ambulance to operate within the city limits. We assume this law would apply to “incorporated fire districts as well.”

31-3905. AMBULANCE SERVICE — OPERATION DEPENDENT UPON RESOLUTION OF EACH CITY — RIGHT TO TAX UNAFFECTED BY NONSERVICE. “All cities and villages within the county, upon resolution duly passed and approved and presented to the board of county commissioners, may authorize said ambulance service to operate within the boundaries of said city or village, but the failure of any such governing body to authorize said ambulance service to operate within the limits of said village or city, shall not affect the right of the board of county commissioners to levy the tax as hereinbefore provided.”

To our layman’s mind this says the county can indeed tax, but without permission from the cities, the EMS cannot operate within the cities.

We have no objection to a MEDICAL standard for all EMS service regardless of private, fire, or EMS offering it. It will come as no surprise if the court rules the county can set the standard, but they cannot usurp the cities right to provide services to their residents.

That state–not Ada County–should take the lead in establishing medical protocols, training requirements, and general standards for paramedics.

EDITOR NOTE–Please keep comments short and try not to rehash previous comments.

A reader directed us to the the Idaho Code and it looks like the cities–not the county holds the high ground in this turf battle.

31-3905. AMBULANCE SERVICE — OPERATION DEPENDENT UPON RESOLUTION OF EACH CITY — RIGHT TO TAX UNAFFECTED BY NONSERVICE. “All cities and villages within the county, upon resolution duly passed and approved and presented to the board of county commissioners, may authorize said ambulance service to operate within the boundaries of said city or village, but the failure of any such governing body to authorize said ambulance service to operate within the
limits of said village or city, shall not affect the right of the board of county commissioners to levy the tax as hereinbefore provided.”

Ada County finally came up with a press release about the EMS proposed ordinance at close of business Monday–a mere 17 hours before the Tuesday Commission meeting and two full weeks after the GUARDIAN broke the story.

Fire chiefs are opposed to the authority sought by EMS and we figure it will end up with either a judicial review or at least an opinion from the Idaho Attorney General. It would be foolhardy to pass the ordinance as it is written.

Here is a direct quote from the release and Director Troy Hagen:

“This ambulance-taxing district means we are required, by law to respond to EVERY emergency medical call no matter where it is in Ada County.”

“On the flip side, a 911-ambulance service provided by a Rural Fire Taxing District is limited to the boundary of the district, not to mention the ambulance service could be considered double taxation since property owners within the fire district would pay both the Rural Fire District Tax and taxes levied by the ambulance taxing district.”

The GUARDIAN suggests that if Kuna and Star wish to pay extra for their own service it would save the Ada EMS a lot of manpower and and expense while providing an increased level of service to residents of those fire districts.

The Ada Sheriff is the supreme lawman of the county, but he gladly steps aside for police departments in Boise, Meridian, and Garden City while providing back up when needed. Residents are double taxed, but they get increased service.

Still looks like a turf battle to us.

In a plan to accommodate future urban sprawl, Boise built a new fire station on Hollandale St. south of Overland Road and Five Mile. It was to be jointly financed by Boise, Whitney, and Ada EMS.

Team Dave politely noted in an end of year spending proposal, “EMS has since elected to not share in the building cost”. No word if they have also “elected to not share in use of the space designed for an ambulance to serve citizens.”

As a result Boise and Whitney will each pony up $186,000 to cover the $372,000 shortfall.

An interesting side note. Boise provides fire services under a contract with the Whitney District, but Whitney actually taxes the patrons of the district MORE than they pay Boise for the services provided. Last time we checked, Whitney was taxing about $200,000 more than they paid Boise.

The city earlier this year sued Ada County over the approval of the Avimor planned community on Highway 55. Judge Duff McKee dismissed the city case Thursday saying they had “no standing” in their claim the county broke the law when the project was approved. McKee ordered the city to pay the county for costs associated with defending their actions in court.

Commish Chairman Rick Yzaguirre said, “Clearly Judge McKee found the claims filed by Boise leaders to be baseless.”

This is part of the pattern established by the Boise legal department–chasing and losing legal action at taxpayer expense.

Recent notable actions:

–Boise lost an Idaho Supreme Court case in their quest to build an airport parking garage without voter approval. In addition to the expenses of staff and office operation, they had to pay about $22,000 to the GUARDIAN editor’s legal staff.

–They lost to the 10 Commandments coalition when the Idaho Supreme Court declared the city violated the law not allowing the question of replacing a monument to be on the ballot. It was subsequently placed on the Nov. 7 ballot and was defeated.

–Boise has spent nearly $250,000 in the past five years for outside “bond counsel” and NEVER passed a bond. They did sell certificates to finance the airport terminal and that would be illegal today.

In another expensive and probably unproductive legal move, Boise is steadfastly spending thousands upon thousands of dollars chasing after those “dirty trick political phone messages” during the Mayor’s race three years ago. Conservative activist Laird Maxwell has claimed he is the sole perpetrator of the calls which had a message against candidate Chuck Winder.

The issue in that matter was over identification of who funded the calls and whether or not they were “advocating” a particular candidate. The GUARDIAN send a formal request to the spokesperson for Team Dave, but neither the mayor or city attorney’s office has responded.

Attorneys on the other side tell us they are “baffled” about the city’s motivation to pursue something that even if proven may not be against the law.

Finally, look for the city to be on the losing end of a fight with the Ada County Highway District over Ustick Road. That decision is expected by December 1 and the attorney general has already issued an opinion which favored the ACHD.

The GUARDIAN cuts to the chase and will let you know the tax on your house will be right at 1.38% of the TAXABLE value–the assessed value minus your homeowner exemption if you live in Boise. The levy varies by city. That translates to $1380 taxes on a house with a taxable value of $100,000.

The maintenance and operation portion of school tax was taken off the property tax (about half was removed in the Boise District), but property values were increased. Every unit of government increased its budget, but there are more people paying the bill. Bottom line your taxes will remain about the same or just a little lower than in past years.

Beware of a dark ominous cloud hanging over the head of every homeowner in the county. On the horizon is the possibility property values could actually DECREASE as the housing market cools (some predict the bubble will burst). The cities, counties, schools, and other taxing districts can INCREASE the LEVY RATE to a pre set maximum percentage if values go down.

Levies are based on the amount of money needed to balance a budget which has a 3% limit on increases. Budget is set BEFORE the levy, so local government does not base spending on cash available. It is just the opposite. The law requires them to approve a budget and then levy to fund it.

The problem is that everything is based on growth and if the growth stops–as it will someday–the adjustment will be costly and shocking to many.

The current homeowner exemption is the lesser of $75,000 or 50% of assessed value. In 2007 the exemption will be raised to $89,325. If the growth value doesn’t meet or exceed the exemption increase, look for levy increases.

That sounds great on the face of it, but the 2006 levy will be the LOWEST IN RECENT HISTORY. Without inflation and growth, government would be forced to increase levies and in some cases the increases will be double digit increases.

We will leave it to the mainstreamers to give you all the gory details and corrections. There are so many exceptions and exemptions it is nearly impossible to come up with any better information than we have offered.

The very real potential exists for you to have a home of lowered value and increased taxes next year.

Twenty-three new planned communities are proposed for Ada County according to the Statesman’s front page article of October 11, 2006.

If approved, these massive “planned communities” will give us sprawl as far as the eye can see.

It’s this kind of mindless development that has made Phoenix, Denver and Las Vegas bloated, environmentally challenged eyesores, and could result in an Ada County with no wildlife, clogged roads and freeways, and collapsed infrastructures. But, gee, there will be a lot of happy developers.

Fully one-third of the planned communities will be placed in the Foothills. Say goodbye to the beautiful natural backdrop to Boise and Eagle, good-bye to wildlife and nearby trails. Hello, Hollywood hills (gridlock, smog, no wildlife, no greenery, no recreation, overcrowded schools, fire hazards, and piped in water from heaven knows where).

Here’s the breakdown of what’s proposed:

– The Cliffs – 1,300 homes (approved by P&Z Board, to County Commissioners next)
– M3 – 12,000 homes
– Dry Creek Ranch – 4,300 homes
– Cartwright Ranch – 700 homes
– Avimor – 8,000 homes (680 homes have been approved as “phase 1”; the number of homes for succeeding phases is “said to be” in the 6000-8000 range)
– Connelly – 4,000 homes (number not settled–still on the “drawing board”)
– Kastera – number unknown (they have acquired enough land for a planned community that encompasses the Shadow Valley Golf Course. They also have two additional large parcels of land, one in the northwest foothills area, and another in the central foothills north of 36th Street.) 
The number of homes to be built in the Foothills totals 30,980 without Kastera. Keep in mind that planned communities consist not only of single family residences, but also townhouses, condos, some have apartment buildings, and all have some kind of commercial development. That means traffic, folks. Lots of it.

The Ada County Highway District and developers themselves estimate between 232,350 and 309,800 vehicle trips per day will be generated by those communities. Cars will pour down Highway 55 in numbers greater than the Flying Wye at commute time, and from there onto State Street, Eagle Road, Seaman’s Gulch, Hill Road, and Warm Springs to downtown Boise, Eagle, or I-84. The nightmare intersection of Eagle and Franklin has “only” 54,000 vehicle per day!

COMPASS, ITD and ACHD did not expect high density development in the Foothills and have allocated no money for new or widened roadways there. The public has spoken loud and clear that it does not want the Foothills developed. The recent Ada County Comprehensive Plan update and the Blueprint for Good Growth both go along with the public’s wishes.

Will Ada County’s planning staff, P&Z board, and County Commissioners support the public or act like the Developers’ Cheerleader Squad?

Only time will tell. Enjoy the Treasure Valley while you can. It might not last much longer.

EDITOR NOTE–Developers at Hidden Springs caused the collapse of a county road and that planned community has already been altered into a big subdivision after the “plan” failed to attract buyers. Even so it is touted as a great example of planned growth.

Just take your Boise library card to Meridian and use it free in a great facility paid for by the Meridian Library District Patrons–thanks to an agreement already in place.

A well organized “consortium” which includes most of the libraries in the southwest corner of the state allows patrons of one district to use their cards in another district and even return a book to a third district.

Thanks to on-line requests and a cooperative program, people in Meridian can borrow books from Boise or even Twin Falls and vice versa.

The GUARDIAN has proposed several times that a countywide library district would be an effective way of providing library services since all of us who live in Boise, Meridian, Eagle, Star, Garden City, and Kuna also live in Ada County.

We say pool the resources–and the debt–and build a unified system. Unfortunately political reality sets in and there is no support among the politicos.

Boise voters turned down a $38 million bond proposal in February and Mayor Bieter seemed to offer some vindication for that vote when he declared that it was an outdated idea from the previous administration. He floated ideas of offering sites in strip malls and said by selling surplus public land they could fund new branches.

Since then BoDo developer Mark Rivers has been trying to get involved with murky plans that would end up with him owning city land and developing it in exchange for a library that would still have to be bought with tax money.

Meanwhile, encourage the folks in Meridian to build a library south of the freeway so we can all enjoy it at their expense.

Despite “plans,” budget entries, and good intentions, the following glaring facts remain in the operation of the Ada County EMS system:

–Staffing levels remain below the strength before the failed tax levy in 2005. Eagle has EMS coverage from noon to midnight only.

–Only 91 out of more than 100,000 families have paid a $60 fee to the agency–like an insurance policy–for their “Neighbors For Life” plan.

–Those 91 families represent less than ONE-TENTH of a percent of the families in Ada County.

–EMS business development coordinator Brandi Creamer told Fox 12 the program is, “A tremendous success.” (what would classify as a “moderate” success?)

Reporter Dan Hamilton wrote, “Because people have been signing up, the ambulance district is able to afford capital improvements.”

The GUARDIAN has some real reservations how two new stations can be “on their way to being built” with only about $6,000.

As it stands today the budget has been increased $2.6 million and the county claims an increasing level of service. There may be PLANS for better service, but service levels are still low (despite increased population), EMS competes with private services, and paramedics are apparently underpaid–we know of at least one leaving to become a fireman.

Paramedics are paid a base of $15.12 per hour, but have a built-in overtime factor of at least 8 hours a week which raises the average.

Director Troy Hagen told Fox 12 the budget was successful due in part to good business sense.

If you are the regulator of your competition and their revenues drop by 50% that may qualify as good business sense.