Laws often have unintended consequences.

Here’s an example:  The US government is helping illegal pot producers destroy California’s water supply.  Will Washington State soon be demanding more water from Idaho to satisfy its newly legalized agribusiness crop?

Here’s another example:  Will Recreational Marijuana Affect Real Estate?   Yes, according to the Colorado Association of REALTORS®, and in ways that might not have been carefully considered.

Here’s a related update to OpenCdA’s post titled A $eriou$ Problem on January 13, 2014.  Today, February 14, 2014, the Financial Crimes Enforcement Network (FinCEN) in coordination with the U.S. Department of Justice (DOJ) issued guidance that clarifies customer due diligence expectations and reporting requirements for financial institutions seeking to provide services to marijuana businesses. The guidance provides that financial institutions can provide services to marijuana-related businesses in a manner consistent with their obligations to know their customers and to report possible criminal activity.  Here is a link to that guidance.

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Boise Police Chief Mike Masterson had his sensitive feelings hurt after he signed up to testify at the Idaho Senate State Affairs Committee hearing on S1254 in Boise on Tuesday.  The time allotted for the hearing expired before Masterson could read his statement.  Here is what Masterson wrote in the Idaho Statesman.  It includes the prepared statement he wanted to read into the record.

Here’s a thought, Mike:  Follow your own advice.  “I urge citizens from all over Idaho who have an interest in this issue to contact their Idaho senators and representatives to share your opinion on this issue.”  Mail it in to your Senator and Representative just like the rest of us do.    Your whining indicating your expectation of “special” consideration qualifies you for full-fledged membership the 3-B Club:  Buffoons Behind the Badge. (more…)

Based on information in this IdahoReporter.com article, now-former Idaho legislature candidate John Chambers did the right thing when he discontinued his preparations to run for the seat to be vacated by Representative Frank Henderson of Post Falls.  After substituting for Henderson early in this legislative session and then deciding to run when Henderson leaves, Chambers checked with the Kootenai County Clerk’s Elections Office where it was determined he lived just outside the boundary of the district in which he intended to run.  Chambers immediately ended his candidacy.

Recognizing that both Henderson and Chambers should have verified Chambers’ eligibility to serve as Henderson’s substitute, OpenCdA still commends Chambers for taking the right action — immediately — when he learned of his ineligibility.

At least Chambers didn’t say he rented a basement room inside Henderson’s district to establish his eligibility.

While former Kootenai County Clerk  Dan English and present Secretary of State Ben Ysursa didn’t appear to take the state election law’s requirement for residency seriously in the past, this Los Angeles Times editorial shows that at least the State of California and Los Angeles County do.

Thanks to John Chambers for doing the right thing.  That’s the strength of character that we would want to see in a public official, and we hope that he will consider running for public office again.  Thanks, too, to the Kootenai County Clerk’s Office for helping him do the right thing rather than trying to find ways to help him evade the law.

When is a criminal investigation not really a criminal investigation?

That’s pretty much the question prompted by Associated Press reporter Rebecca Boone’s article headlined Idaho attorney general seeks prison investigation.  The article was in the February 7, 2014, online version of the Idaho Statesman.  Boone’s article makes it very clear that the public, the press, the Ada County Prosecutor, and even the courts were misled by Idaho officials into believing that the Idaho State Police had opened a criminal investigation into wrongdoing allegedly committed by Governor Otter’s favorite private enterprise prison operator, Corrections Corporation of America, under contract to the Idaho Department of Correction.

But when the investigation (or non-investigation, take your choice) was reportedly closed and the Associated Press pursued the investigative records pursuant to the Idaho Public Records Law, the AP was told there were no records because there had been no investigation.  And therein may lie the answer to why the Idaho State Police may never have “numbered up” a formal investigation.  If the ISP had assigned a case number to its non-investigation investigation and thus formally opened an investigation, the records would have become public record after disposition of the matter.  By conducting a non-investigation investigation, the ISP can more-or-less truthfully say there are no investigative records subject to the Public Records Law.   (There is probably no truth to the rumor that promotion to the ranks of Captain and higher in the ISP requires significant tap-dancing skills.)

OpenCdA suspects that AP reporter Boone is onto something here and hopes that the Associated Press will have the fortitude to pursue not only the records it sought but also the story behind why the State of Idaho was trying so hard to make it appear there was nothing to see here, so move along.   That the Governor told the Attorney General to go pound sand when the AG recommended officially opening a criminal investigation now pretty strongly suggests that there is something to see here.

Got Jobs?

Dear Newsletter Readers,

LCDC’s latest newsletter is out, touting their incredible success in creating jobs.  The impact, they say, is “everlasting”.  Then the newsletter goes on to defend against comparisons of LCDC to the Twin Falls Idaho urban renewal agency.  Twin Falls brought in several large manufacturing plants, most noteably Chobani Yogurt and Clif Bars. (Did you see the funny Chobani Yogurt commercial during the Super Bowl?…the one with the bear?) These two companies, along with the smaller Glanbia Cheese and the Frulact Group, will add more than1000 new jobs in less than a two year time frame.  Good jobs. which are solid, year- round positions. (more…)

OpenCdA is reasonably sure the fire departments in our area are aware of the danger inherent in the process of manufacturing butane hash oil.

Many hospitals, particularly burn centers, are becoming more and more aware of it as the victims appear in the EDs.

A little dab will do ya (apologies to Brylcreem).

On Saturday, January 18, 2014, the Coeur d’Alene Press skewspaper (a component of the Hagadone Corporation), ran an article headlined Tree plan draws appeal.  The reader comments, particularly those by “estatetracker“, appended to the online article are extremely informative and thought-provoking.

The article reported that a local citizen intended to appeal a recommendation made by the City’s Planning and Zoning Commission at its December 10, 2013, meeting.  That recommendation was to approve an amendment to its Coeur d’Alene Resort Planned Unit Development (PUD) proposed by Hagadone Hospitality (also part of the Hagadone Corporation).

The agenda for the February 4, 2014, Coeur d’Alene City Council meeting shows this agenda item:

The agenda clearly shows that this is an appeal of the PUD from the Planning Commission’s recommendation.  It will be a quasi-judicial hearing with the Mayor and City Council sitting as the adjudicative body.  It will be a new hearing, not an appeal from the record of the December Planning & Zoning Commission hearing.  Thus, evidence may have been presented at the Planning Commission hearing in December which will not be presented Tuesday night at Council.  Here is a link to the material concerning this item in the Council’s packet for Tuesday night’s meeting.

OpenCdA believes that both Councilman Amy Evans and Mayor Steve Widmyer must disqualify themselves from participating in the Tuesday hearing. (more…)