OpenCDA

November 21, 2014

Public Record Denied (If It Ever Existed)

Filed under: Probable Cause — Tags: , , , — Bill @ 8:06 am

Date:On Wednesday, November 5, 2014, at 9:00 A.M., OpenCdA hand-delivered an Idaho Public Records Law request to the Kootenai County Board of County Commissioners office.  The cover sheet is shown left, and here is the detailed request attached to it.

Our request for routinely kept records required by law has been presumptively denied.

To simply outline the underlying issue prompting our request:   Kootenai County Commissioners Green and Tondee had stated publicly that their decision to fire Coeur d’Alene Airport (COE) Manager Greg Delavan on or about October 24, 2014, had been made in an executive session during a meeting of the Board of County Commissioners.  Commissioner Nelson had stated she was aware of the meeting but had not taken part in it.  Our OpenCdA post entitled Wrong Answer, Commissioner Green on November 4 explained why we believed the Commissioners’ firing of Delavan on or about October 24 violated the Idaho Open Meeting Law.  Our November 5 public record request sought the statutorily-required agendas and meeting minutes which would either confirm or refute the truthfulness of the Commissioners’ assertions and the legality of the meeting(s) in which the decision was made to fire Delavan on or about October 24.

On November 7 OpenCdA received this email from Kootenai County Commissioners Administrative Assistant Nancy A. Jones.

The Idaho Public Records Law provides that employees of a public agency are allowed to determine that a longer period of time is needed to locate or retrieve information, but the agency is still required to grant or deny the request in whole or in part withing 10 working days following the request (see I.C. § 9-339(1)).

The “10 working days” period for our November 5 public records request expired on Thursday, November 20, 2014 (we did not count November 5 or Veteran’s Day, November 11, in our day count) .  We have received no further information from the Commissioners after Ms. Jones’  November 7 email. Thus, our request for some records (agendas, minutes) which are or should be routinely kept by the Kootenai County Board of County Commissioners has been presumptively denied (see I.C. § 9-339(2)). 

The sole remedy provided to us by law (see I.C. § 9-343(1)) “…is to institute proceedings in the district court of the county where the records or some part thereof are located, to compel the public agency or independent public body corporate and politic to make the information available for public inspection in accordance with the provisions of sections 9-337 through 9-348, Idaho Code.”

A source whom we believe to be reporting accurately has told us the records we seek cannot be located because they do not exist.  If that is accurate, then pursuing them with a costly court action would be pointless.  It would also be pointless, because as OpenCdA has reported before, the 2009 session of the Idaho Legislature gutted the protections afforded citizens by the Idaho Open Meeting Law.

At the behest of the Idaho Attorney General’s Office and with the support and participation of various lobbying organizations and news media, many of Idaho’s 2009 legislators knowingly sought to deprive Idaho’s citizens of the ability to learn how their elected and appointed officials conduct public business behind closed doors.  Again, follow this link and notice who in the Senate and House voted “aye” in favor of hiding unlawful government actions from the public view and who voted “nay” against it.

The “cure” embedded in the revised Idaho Open Meeting Law should cause citizens to unofficially refer to the Idaho Open Meeting Law as the “Catch Me If You Can” Public Officials Protection Act of 2009.

November 9, 2014

Observations On a Near-Lynching

Filed under: Probable Cause — Tags: , — Bill @ 9:11 am

COEOpenCdA attended the November 4 meeting of the Kootenai County Board of Commissoners (BOCC) and the Airport Advisory Board (AAB).  The agenda indicates that the official business was to be limited to a discussion of the hiring process to replace the dismissed Greg Delavan as the Airport Director for Coeur d’Alene airport (COE).

It soon became apparent that its underlying intent of many participants was to publicly and politically lynch Commissioners Green and Tondee for their clearly illegal action to fire Delavan.

As we reported in our November 4 early morning OpenCdA post entitled Wrong Answer, Commissioner Green, Commissioners Green and Tondee agreed to fire Delavan while seemingly violating just about every part of the Idaho Open Meeting Law except the white spaces.

After our attendance at this near-lynching, OpenCdA has a few meaningless opinions about what we saw.  (more…)

September 16, 2014

Idaho Statesman Op-Ed Missed the Mark

Filed under: Probable Cause — Tags: , , — Bill @ 12:04 pm

Missed the MarkThis morning’s Idaho Statesman opinion piece was entitled Our View:  Police, dog owners must share responsibility.  The unnamed writer was commenting, collectively, on three recent shootings of pet dogs by Idaho law enforcement officers.

The op-ed writer mentioned Coeur d’Alene, so we presume he was including the Arfee killing by a Coeur d’Alene police officer.  If so, the writer might want to reread the officer’s account of the shooting.  According to the officer, Arfee appeared suddenly in the partially open van window just inches from the officer’s face.  In what sounds to us to be a “startle” reaction, the officer fired his already-unholstered weapon once and killed Arfee.

The op-ed writer’s first premise was that in most and maybe every instance, there should be enough time for an officer to carefully assess a dog’s various behaviors and then set a non-lethal course of action. His second premise is that an unattended but lawfully and safely contained dog will always obey commands from a police officer or an animal control officer.

We address the op-ed writer’s second premise first.  It’s absurd.

The first premise is very desirable, but it will require the police to do more than just learn dog behaviors.  They will need to adjust their approach to various situations so that “startle” reactions are less likely to result in gunfire.  In the Arfee killing, we wonder:  Why had the officer unholstered his weapon?  If his overall assessment of the situation required (in his mind)  unholstering his weapon, might there have been actions he and his trainee partner and additional officers could have taken first to preclude the perceived necessity of unholstering his weapon and thereby being at risk of a “startle” shooting?

We admit it:  We are second-guessing.  Then again, we have little choice.  The first guesses — the ones that result in training, policy, and procedures — needed to have been taken by the Idaho Peace Officer Standards and Training Council, the Coeur d’Alene Chief of Police, and the Coeur d’Alene Police Department training officer.  Apparently, they weren’t.

OpenCdA wishes that when there are serious incidents like the ones mentioned in today’s op-ed, the Idaho Statesman and the rest of Idaho’s (alleged) news media would focus as much on the failures of command and leadership in Idaho’s law enforcement agencies and the Idaho Peace Officers Standards and Training Council as they focus on the behavior of the individual officer who pulled the trigger.

September 15, 2014

We Shouldn’t Be Surprised…

Filed under: Probable Cause — Tags: , , — Bill @ 12:33 pm

WrongWayThe conduct by Coeur d’Alene police officers that led to the Barnhouse federal lawsuit against the police and the Arfee killing by the police shouldn’t really surprise us.

When police departments seek to waive relevant entrance, retention,  training, and integrity standards, it is inevitable that some unsuitable applicants will be hired and retained.  And when those requests for waivers are rather routinely granted by the state’s law enforcement certification agency, it should not surprise readers to know that cities and counties are more than happy to pump out the waiver requests if it will enable them to reduce hiring and retention costs.

It happens in Idaho.  (more…)

September 12, 2014

“Underperforming”

Filed under: Probable Cause — Tags: , — Bill @ 9:00 am

ANTHONY-DRAKE

In its September 12 article headlined Artist defends rainbow, the Coeur d’Alene Press reports that artist Howard Meehan has agreed to work with the City to “enhance” his art piece titled Under the Rainbow.

Our OpenCdA post on June 25, 2014 titled Remember This? outlined several of the issues prompting today’s Press skewspaper article.  One of the most tasteless and offensive comments we reported came from now-Arts Commission Chairman Jennifer Riggs Drake. As the minutes of the June 17, 2014 meeting of the Arts Commission recount, “Commissioner Drake said that she thinks that a lot of people agree that the arch is under-performing and that putting the [McEuen] logo on it doesn’t take care of that issue.” (more…)

September 9, 2014

Arfee Observations

Filed under: Probable Cause — Tags: , , , — Bill @ 8:24 am

Investigations-FactsOn the morning of Friday, September 5, 2014, the City of Coeur d’Alene posted some of the documents from the police department’s report on the shooting of Arfee, a black Labrador mix, by a Coeur d’Alene police officer on July 9.  The online compilation was captioned Craig Jones Case Documents.  For simplicity, we’ll simply refer to that compilation as “the Arfee report.”

Starting on July 11, OpenCdA has put up several posts about the shooting death of Arfee by the Coeur d’Alene Police Department officer.   In general, the Arfee report had nothing to significantly change the opinions we expressed in those posts.

We do have a few observations now that we’ve been able to read the Arfee report.  (more…)

August 28, 2014

Verdun d’Alene?

Filed under: Probable Cause — Tags: , — Bill @ 2:56 pm

slippery slopeOpenCdA has been following the Canadian news media’s reporting of the Quebec corruption scandal and its investigation by the Charbonneau Commission.

The focus of the Charbonneau Commission’s investigation is Quebec’s “…deeply-rooted system of kickbacks, bribes and illegal fundraising that link the province’s construction industry to politicians and civil servants.”  We touched on that in our June 22, 2013, post entitled “Corruption becomes a kind of cancer”.

In its online story on August 26, 2014, headlined Bending of rules cost Verdun taxpayers $1.5 million in lost revenue, mayor says, the Gazette [montrealgazette.com] provides an ultra-simple explanation of how officials in Montreal’s borough of Verdun managed to make sure their cronies enriched themselves at the expense of Verdun’s citizens.  Verdun has a population of about 66,000.

Fortunately, that kind of cronyism and favoritism never happens here in Coeur d’Alene, Idaho.

August 25, 2014

Business As Usual

Filed under: Probable Cause — Tags: , , — Bill @ 6:52 pm

stink-o-meter copyWe are disappointed that Coeur d’Alene Mayor Steve Widmyer seems to be following the lead set by his predecessor Sandi Bloem.

Bloem liked to pack unelected committees and commissions with cronies and headnodders who would apply the rubber-stamp of approval to almost any big-dollar deal without considering if it was in the best interests of the City’s reputation or its people.

Thursday’s Coeur d’Alene Press “news article”  titled Four corners report reveals that Widmyer is showing he’s no different.  In fact, he likes to use some of the same cronies and headnodders.  Of the nine advisory committee members named in the “news article,” eight have exceedingly well-developed headnodder muscles toned by years of subservience.  To us, only the BLM realty specialist might appear to be considered objectively independent. (more…)

April 15, 2014

Just Down the Street…

Filed under: Probable Cause — Tags: , — Bill @ 12:19 pm

CudahyJust down the street (that would be Atlantic Avenue) from scandal-ridden Bell, California, is the city of Cudahy (pronounced “cudda’-hee” or “cudda’-hay”).  In fact Bell is Cudahy’s next-door neighbor to the north.  It appears that Cudahy and Bell share more than just a border.

In an online story dated April 15, 2014, and headlined State accuses small city Cudahy of large spending irregularities,  Los Angeles Times reporters Jeff Gottlieb and Stevel Marble reveal that California State Controller John Chiang today released the state’s City of Cudahy – Review Report – Administrative and Internal Accounting Controls for the period July 1, 2010, through June 30, 2012.  (Note:  Times reporter Gottlieb updated this story and added details in a later one headlined Audit faults Cudahy as government in chaos.)

The essence of the state’s Review Report can be summed up in the first sentence of the Conclusions section:  “We found the City of Cudahy’s administrative and internal accounting control deficiencies to be serious and pervasive.  As a result, the potential for fraud, waste, and abuse is very high.” (more…)

January 9, 2014

Why So Many Corruption Posts?

Filed under: Probable Cause — Tags: , — Bill @ 4:19 pm

corruptionToday a person in line with me at Starbucks asked why OpenCdA puts up so many posts about corruption and corrupt public officials.

It was a fair question, and I gave her a two-part answer.

Part One:  Our local and regional news media report nothing that would help educate their readers and viewer/listeners on that topic.

Part Two:  Corruption and the persons who engage in it are often seen as being pillars of the very communities they victimize.   Too often, the victims are unable and unwilling to look past the familiar faces, many of them prominent in the communities, and critically examine their behaviors.  It’s the behavior, not the reputation of the person, that reveals the corruption or incompetence.

Here is an end-of-year column by Los Angeles Times columnist Steve Lopez.  It’s headline says it all:  2013:  A great year for scandal, incompetence, and corruption.  It suggests the variety of costly behaviors that people need to watch out for.

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