Current Commishes Judy Peavey-Derr, Rick Yzaguirre, and Fred Tilman have been charged by the Idaho Attorney General with violating the open meeting law when they met in a secret session with Boise Councilor Vern Bisterfeldt and discussed matters which should have been open to the public.

Steve Kimball beat Peavey-Derr in the Republican primary and suggested the commishes pay the fines and stop wasting county money. “I’ll pay the darned fines just to get it over with,” he declared.

Paul Woods is running against Kimball as a Dem and he too said he would cut off any further spending for the defense attorney. Independent Sharon Ullman has long declared she would halt any further legal fees to defend the Commishes. Ullman, Kimball, and Woods are all after the seat being vacated by Peavey-Derr.

Al Ames is running against incumbent Fred Tilman and is highly critical of the $30,000 tab that has been run up so far. “I will definitely not authorize any more funds for that case,” said Ames.

Incumbent Tilman has publicly stated there is a need for “clarification of the law” and has defended the spending for his defense.

CLARIFICATION: The outside attorney has said he would not charge to defend the appeal that has been filed, but citizens are still paying for the attorney general staff to prosecute the civil case which has a maximum fine of $150 for each offense.

Voters turned down a bond proposal May 23, in the amount of $72.5 million for a new jail. It was to be located on a 25 acre parcel of land between Nampa and Caldwell on the Boulevard at Homedale Road.

The deal has been cut for some time. It allows the county to lease the land until the death of the owner (he was 97). Canyon County then has a year to exercise an option to purchase the land.

So far, they probably haven’t broken any laws, but they will have wasted the lease money if they are not able to make the purchase. The only CLEAN way to “gitter done” is to go back to the voters, hats in hand, and ask them to PLEASE allow their taxes to be spent for a new jail. Play fair and they will approve it.

Without consent of the voters we see little room for any sort of bond, lease, judicial confirmation, or rent that will allow Canyon County to ultimately OWN a new jail or justice center without voter approval. The Idaho Supremes ruled April 11 that local governments cannot use “judicial confirmation” as a means to go around the voters–unless there is a matter so urgent it cannot wait until the next election.

A group of Canyon citizens represented by attorney Richard Harris is contesting the way the commishes are structuring their deal. Harris is citing the April 11 Supreme Court BOISE CITY vs FRAZIER as the basis for potential legal action.

A Blaine County judge recently stopped a similar proposal based on that case. Local governments statewide have failed to understand their revenues and permission to go into long term debt come from the voters and without consent of the voters, long term debt–no matter how it is disguised–is still long term.

The emergency ordinance covers all “unincorporated areas” of the county which means outside any city or fire district. It will remain in effect until Halloween.

It is a wise move with tinder dry grasses covering all the foothills and the land south and east of Boise. They join Boise in recognizing the dangers of amateur fireworks. Now, if city and county will lobby to get the sale of fireworks banned at the state level they will have done some good.

For more on fireworks and reader comments see the earlier GUARDIAN posting below “CITY VOWS TO ENFORCE FIREWORKS LAW”.

The AG got the case because the Ada prosecutor had an obvious conflict of interest prosecuting the officials he also represents in legal matters. None of the local judges would take the case, hence Woodland was assigned.

The case has gone beyond common sense and raised the ire of GUARDIAN readers and county citizens in general. Simply put the commishes had a CLOSED DOOR meeting with Boise City Councilor Vern Bisterfeldt. According to his Bisterfeldt’s sworn statements and the findings of the court, matters not subject to “executive sessions” were discussed.

The judge agreed with the AG assertions that meetings closed to discuss “litigation or possible litigation” needed to have an attorney present and more substance than speculation by the elected officials closing the meeting to public scrutiny.

State law provides for civil fines up to $150 for each violation. The GUARDIAN suggested nearly a year ago the commishes admit they screwed up and make a donation to charity as penance…it would be hard to prosecute if they said, “We made a mistake. SORRY.”

Instead they hired a private attorney and paid him nearly $18,000 in taxpayer money to defend them. The guy lost the case for them and we hear he is now going to handle the appeal “pro bono” (free to you non-library types).

At least one commish claims the reason for keeping the battle alive is to “clarify the law.” Perhaps it is easy to argue PRINCIPLE if you don’t have to pay the PRINCIPAL. If they want clarification, how about supporting new legislation that will make the rules abundantly clear?

We figure the upcoming county election campaign will have some “clarifications” from voters.

Ada County has leased – with an option to purchase – the Smith Building at Sixth and Myrtle Streets in downtown Boise, from a company that does not even own it.

The idea of a “Justice Center” – a one-stop shop for victims of rape and domestic violence – is a worthwhile idea. The problem with the project is the way Ada County legal beagle Greg Bower and Commishes Judy Peavey-Derr, Fred Tilman and Rick Yzaguirre have set up the financiing for the facility.

Ada County will dump $600,000 cash into “remodeling” the dilapidated Smith Building. Senator Mike Crapo (R-Idaho) helped secure a $1 million HUD grant, also public tax dollars, that will apparently offset some of the County’s costs for this project.

In addition to the up front money, the County is also paying Oaas and Laney $374,000 a year to lease the property. Oaas and Laney, in turn, have their own lease with an option to purchase the building from its true owners, Mutual Investments Company. Oaas and Laney are expected to put an estimated $1 million into the facility to complete agreed-upon improvements.

If the County does not exercise its Option to Purchase but continues to lease the facility, the $374,000 a year will increase 10 percent after five years and each five-year period after that.

This is a “triple net lease” requiring Ada County to pay all costs affiliated with the property including agreed-upon lease payments, taxes, assessments, insurance, utilities, repairs and maintenance. Even though the County does not own the building, the County has all the disadvantages of ownership (bearing all the costs) as well as all the disadvantages of leasing (making rent payments).

If the County exercises its Option to Purchase the facility, which it must do on or before December 31, 2010, developers Oaas and Laney will choose an appraiser and the County will pay the full-appraised value.

If the County exercises its option to purchase on or after March 2, 2007, the County will receive five percent off the full-appraised value.

The County gets no credit for lease money or other expenses paid and little return (just five percent of the full-appraised value) on the $600,000 initial investment in the property.

Taxpayers get to pay that $600,000 twice: once up front to improve the facility, and once again, when the County pays the appraised price of the improved facility to complete the purchase.

Imagine buying a house and saying, “Look, I’ll pay you rent, put a big chunk of money into remodeling your house, and pay all costs of living in the house including utilities and repairs if something goes wrong. If I decide I want to buy your house, then YOU choose an appraiser to determine the value of the house once it has been all spiffed up with my money, and I will pay you whatever the appraiser says the house is worth. And oh yeah, if I wait 15 months while paying rent and all the other expenses before I decide to buy the house, you’ll give me a big five percent discount on the price.”

This Lease with Option to Purchase deal is one time the County commissioners should have had enough business savvy and common sense to Just Say No! It is not unlike the courthouse deal.

For more information, call Ullman at (208) 362-0843 or send e-mail to sharonu@cableone.net

The GUARDIAN hopes the resolution tucked away in the commishes Tuesday meeting agenda is just a “housekeeping measure” which cites the legal authority to destroy records after 10 years. We may be raising a false alarm, but it would be nice to know potential evidence in pending litigation is not being destroyed.

Our concern is the amount of litigation currently pending–both criminal and civil–over the University Place, Courthouse construction, CCDC, Civic Partners, and some lawyers. That entire mess has origins which may go back more than 10 years and we would hate to see prosecutors office records destroyed which may be pertinent.

Maybe you guys in the AG office or the media can check it out.

Here is an excerpt of the resolution:

WHEREAS, the Board of Ada County Commissioners has conducted a regular audit and upon the advice of the Ada County Prosecuting Attorney, has determined that the above-stated records be destroyed.
 
            BE IT THEREFORE RESOLVED that the Board of Ada County Commissioners hereby authorizes the immediate destruction of records pertaining to felony, misdemeanor, special prosecutor, habeas corpus and civil cases, on-call ledgers, civil time sheets and restitution, which have been retained not less than ten (10) years; and juvenile, child protection and traffic cases, which have been retained not less than five (5) years after the date of issuance or completion of the matter, and which are in the custody of the Ada County Prosecuting Attorney; and further, that such destruction occur under the direction and supervision of the Board’s Clerk.

They have been charged by the Attorney General with violating the Idaho open meeting law when they went into executive session last June and discussed the Emergency Medical Services program and what it would take to get a bond passed.

Bet the AG never figured the taxpayers would have to pony up over six grand when he filed the charges! The case is still pending following a motion for summary judgment filed by the AG asking the court to rule in favor of the state without further hearings or trial based upon testimony of Boise City Councilor Vern Bisterfeldt who was in the meeting.

This is sort of a case of People vs People. People of Idaho vs Ada County Commishes funded by the People on both sides. Amazing what money will do.

Government and community leaders were set to discuss a proposed drug and alcohol detox treatment center in a new jail expansion. The meeting was canceled when media and citizens showed up (see story below).

In the interest of clarity, here is a cut-and-paste of the reply from CEO Ed Dahlberg and his spokesperson at the hospital:

“The meeting you are referring to was called by Sheriff Raney – Ed’s assistant helped to make the arrangements for the luncheon also at his ( Raney’s) request given that Ed is a member of the Arid Club.
 
“St. Luke’s was invited to participate in the discussions about the detox center along with a number of other community partners.  Yesterday’s meeting was intended to be an extension of those conversations.  Ed’s understanding was that he would attend, listen and determine how our organization would participate moving forward.  The sheriff chose to cancel the meeting.
–Beth Toal and Ed Dahlberg”

The sheriff needs to understand that public services–no matter how badly they are needed–should have PUBLIC light shed at every step of the planning and funding process. No special private presentation to “leaders.”

Based upon the commissioner’s published agenda, St. Luke’s response, and the media perception–only the sheriff wanted a private meeting. Let’s hope the sun shines bright on future gatherings that will result in expenditure of public funds.

In a good faith effort to err on the good side of Idaho’s “Open Meeting Law,” the Ada county commissioners posted a legal agenda item for Wednesday which included a meeting at the ultra exclusive private Arid Club to discuss “Commitments on a Detox Center.”

The commissioners destroyed their credibility by altering the posted on-line agenda AFTER THE FACT, eliminating any mention of “the meeting that never was.”

When media reporters and the GUARDIAN showed up for what was advertised as a public meeting, the meeting was suddenly canceled. Sheriff Gary Raney and Commission Chairman Rick Yzaguirre were both conferring via cell phone in the parking lot of the Arid Club at meeting time. Several mayors and city councilors from Ada County cities were already inside, but Raney insisted there was no meeting. To prove his point he eventually drove away in his hot new hemi car.

He said since only one commissioner (Yzaguirre) was present,
their meeting was not really a meeting. The GUARDIAN quoted an Idaho Attorney General’s open meeting law guide book which cautions against evading the law by meeting with less than a quorum present. More phone calls and more buzz between Raney and Yzaguirre. Both Raney and Yzaguirre made comments about the detox center being in jeopardy due to media attention.

Yzaguirre gathered his thoughts and did a pretty good on camera interview when he told Channel 2 the meeting should have been open to media and public and he (and the other commissioners) questioned the propriety of holding a meeting at an exclusive private club. He indicated that is why the other two members stayed away. He too drove off without attending.

Lost in all this drama is the issue at hand. The need for a drug and alcohol detox center is probably uncontested by all concerned, but how to fund such a facility is problematic.

In a nutshell, Raney figures it will cost $3 million to add a detox center in his new medical wing of the jail. He has stumped around the county at various city council meetings pitching a plan to have the county pony up $1 million, Boise City chip in another million and the hospitals share the third $1 million. He figures it will cost about $800,000 a year to operate.

Apparently the non meeting at the Arid Club was hosted by Ed Dahlberg, the head honcho at St. Lukes, to discuss his hospital’s role or non role in the plan.

Elected officials at all levels cannot expect to enjoy the public trust when they attend quiet private meetings with big money executives without media oversight. Everyone should attend the same meetings regardless of economic or social status.

The Idaho Statesman took heat from the sheriff and Yzaguirre for the Wednesday front page story detailing Raney’s plan. The paper is torn (no pun intended) between informing its readers and honoring the politico’s goal of establishing a detox treatment center in Ada County.

The goals should NOT be mutually exclusive.