OpenCDA

May 30, 2009

A Matter of Public Trust

Filed under: The City's Pulse — mary @ 8:53 am

The City’s Pulse Newsletter
By Mary Souza, May 29, 2009

board_brad Last week the CdA Press ran an article about local realtor Brad Jordan and his two business partners when their longtime GMAC real estate enterprise closed its doors.  Their business declared bankruptcy and left in its wake a long line of folks waiting for payment.

Normally a business bankruptcy would not make headlines and is certainly not unusual in our currently challenging economy.  This situation is different, however, and is a concern for our community because Brad Jordan holds two important positions of public trust.  Brad is the Chairman of the city’s Planning and Zoning Commission and he is also on the board of LCDC, our urban renewal agency.   

As chair of P&Z, Brad influences decisions about development projects within the city and directs planning for future land uses.  As a member of LCDC, Brad votes to use taxpayer dollars for development projects and helps decide who will or will not receive public money.  Last year, almost $5 million dollars in public tax increment from local property taxes went to LCDC, so this is a major responsibility.

Neither of these positions are elected; Brad was appointed and has been on both boards for a very long time.

Now his business has closed.  The bankruptcy papers show assets of only $650,000 against debts totaling nearly $5 million.  And there’s a long list of local people who will probably never be paid for their work.  A fence business is owed almost $40,000, which must be devastating in this tight economy. There are attorneys, accountants, many marketing / advertising companies, little sign shops and, of course, real estate agents hoping for their commissions.

Two local banks are involved.  One is holding loans of nearly $500,000.  Another bank, that does quite a lot of business with LCDC, is listed for over $250,000.  There’s an engineering and land development firm owed more than $50,000.  What happens if this engineering firm is hired to prepare documents and present them to P&Z for an upcoming project?  Or what about a bank that wants consideration for development loans with LCDC? Would Brad have to recuse himself for every debtor that might come forward with business involving P&Z or the LCDC?

There’s an even more troubling aspect to this situation.  It’s sensitive and difficult to address without treading on toes, so I will go lightly.  Let me start by sincerely stating that Brad Jordan is a nice person.  He is pleasant and polite and seems to get along with everyone.  His Dad was a legendary and much-loved high school basketball coach here forever.  Many of the inside elite of our city’s power grid played basketball for Coach Jordan, back in the day.

That said, there is a looming concern: Does having a financially compromised person in a position of public trust create an undue risk for the citizens?  Our federal government seems to think so, and takes great pains to avoid these potential dangers.  My friend Bill McCrory, who runs the discussion web site OpenCdA.com with me, is retired Secret Service, Technical Division.  Bill advises that anyone applying for a position of public trust at the federal level must answer probing questions and lengthy disclosures about their personal and business finances.  They must reveal any bankruptcies, tax liens, or legal judgements for debts within the past seven years.  They are required to list any delinquent loans or financial obligations in great detail. Bill says, “Someone in the position of handling the public’s money or making decisions involving spending the public’s money must be worthy of the public’s trust and confidence.  I have the same expectation of local and state officials.”

Our local government, however, does not see things the same way.  The Press article quoted Mayor Bloem, City Councilwoman Deanna Goodlander, LCDC Chair Denny Davis and LCDC Executive Director Tony Berns as all supporting Brad’s continued presence on both P&Z and LCDC.  They said there’s no problem.  And Mr. Jordan does not see any reason for stepping down from his appointed positions.

So, what happens when a major power player like Steve Meyer, (whose business partner is Charlie Nipp of LCDC, whose wife is on the NIC Board of Trustees and who employs City Councilman Mike Kennedy, full time, in a different business) comes to either P&Z or LCDC with a request?  Steve is listed on Brad’s business debts for $650,000 and had to file a lawsuit to recover a total of $150,000.

I will leave you to your own conclusions.

Mary Souza is a 20 year resident of CdA, local small business owner and former P&Z Commissioner.   Her opinions are her own.  To sign up for this free newsletter or access the archives, go to www.thecityspulse.com   Comments can be sent to marysouzacda@gmail.com.  Please visit the local issues web site www.OpenCdA.com for more discussion.

29 Comments

  1. I think another valid question is whether any of Brad’s bad debts were incurred in part because of his participation on these very influential city boards. Was he personally extended additional investment risks and trust because of what he might or might not approve and those investments lost and trusts violated? We see a similar reckless attitudes and actions among the ‘stake holders’ in the education corridor collective extravaganza of shady deals. These people were (and are) counting on a continued strong economy and have made personal investment choices based on that. Brads business choices failed. Chesrown and Stone are on the ropes. Nipp, Meyer and others maybe next and how have all these souls conducted business with our money?

    Comment by Wallypog — May 30, 2009 @ 12:09 pm

  2. The other shoe has yet to drop.

    Comment by Dan — May 30, 2009 @ 12:44 pm

  3. Where to start! Jordan should step down immediately. He may well be the worlds most honest man, I don’t know. But I still question just exactly how, in a small town like CDA, a real estate broker managed to incur 5 million in debt. Perhaps he is well intentioned, but this kind of debt, stiffing the local businesses for the amounts listed, certainly paint a truly horrible business mind. And he should be nowhere near public funds. A good point by Wally. As Jordan does sit on public boards handing out public monies and/or business ventures, it should be imcumbant upon him to clarify his position by listing those investments leading to his current financial fiasco. My heart goes out to the small businesses that are suffering because of this man. His father was a beloved coach…big whoo! I’m sure this makes the fence company own er or whomever owns the sign shop, just feel all warm and fuzzy. Yes, it isn’t very kind of me, but should Meyer or St. Charlie the Nipp go under, it wouldn’t break my heart.

    Can’t wait for that other shoe!

    Comment by Faringdon — May 30, 2009 @ 4:01 pm

  4. I know…incumbant. Stupid keyboard…certainly not my fingers. 🙂

    Comment by Faringdon — May 30, 2009 @ 4:03 pm

  5. Mary, you nailed it. You did not tread on toes. You called the kettle black – exactly the color it is.

    This is absolutely outrageous and I am appalled that our system cannot do something about this. The AG’s office should be all over this. The stench is nauseating.

    If you have lived in this area for any length of time, you know how it works. This is another great example of nepotism in Idaho – “favoritism (as in appointment to a job) based on kinship.” Some our related to each other – some our not, but it’s all the same thing. It also works by imtimidating the folks, who do not play along. All it takes is a phone call and you are out of a job.

    This area is toxic with nepotism. It also infiltrates our justice system to a point, some of us cannot get due process. The glue of network that supports the Brad Jordan good buddy club just happens to start in bed – like many other hubs of business ventures. It hits the statehouse as well and our legislature not to mention Univeristy Place. I also remember something about the Kempthorne administration, where a good chunk of change was given to his wife to support her endeavors. People were not crazy over it, but it happened anyway. Many saw it as a quid pro quo deal, because it was said that he had an affair and had a daughter by her and this was the pay off. We have one Senator who is on the Health and Welfare Committee and she is married to a federal judge. Do you think they talk to each other?

    It all depends on the kind of “leverage” you may have – to get the job done.

    The “players” are all positioned where they are supposed to be. The public rarely figures out the relational aspects of the support network that is strategically placed to get THEIR jobs done. They all have this “understanding” and as long as everyone silently nods to each other in approval – it goes down the pipe without a hitch (in the guise of public good), until someone screws up and then they all band together to swiftly dismiss it, and the public forgets. If the public crys loud enough, there is a chance they will be prosecuted, but then the punishment is not much. These folks really have nothing to lose and they know it. They are never really punished, if they do get caught.

    Brad Jordan should do the public a favor and apologize and resign, but he probably won’t. But then, Larry Craig finally gave up. He did not want to infect the rest of his cohorts – so maybe there is hope.

    These people have no honor or integrity.

    You can’t give up. You have to keep hammering away. Hammer away, Mary!

    Comment by Stebbijo — May 31, 2009 @ 11:02 am

  6. He needs to resign, now. He no longer has the kind of credit record or background that would be acceptable in a new applicant for that post. So long as he remains in positions (plural) of public trust he will represent a blight on the area.

    Good job Mary, good job!

    Comment by Pariah — May 31, 2009 @ 11:04 am

  7. I wonder how the retention of Mr. Jordan, and the wild praise of him by city officials, plays to others looking to the area to relocate their family or business? It sends a strong message: This place is locked up! We have a good-ole-boys club and we’re thick in it. Come if you want to play our game, stay away if you expect a level playing field.

    Our local officials lack the vision to see the big picture, and to recognize how damaging this event is to the area’s reputation. Coeur d’Alene is not an island, and reputations — especially stanky ones — spread quickly.

    Comment by Dan — May 31, 2009 @ 11:57 am

  8. I am surprised that public outcry from the creditors is not more evident, though I’m not sure where they would register their complaints. Maybe in Letters to the Editor? Maybe directly to the Mayor? Or LCDC? Or the Chamber? The business community should be up in arms against the retention of Mr. Jordan on both of these boards. He is certainly not the only person who can fill these positions!

    Comment by mary — May 31, 2009 @ 12:26 pm

  9. stebbijo, you are making a very basic mistake. The AG investigates criminal or the possibility of criminal activity. Jordon has done nothing (that we know of) that is criminal. Remaining on the boards certainly rises to the level of failing the smell test and questionable ethics. Neither of these is against the law. It is a mistake to scream for the AG when the behavior is unethical. Remember the word “intent”. This is how St. Charlie the Nipp became whitewashed. While his behavior was certainly questionable, it did not rise to criminal. The AG found that his intent was not criminal. Who knows the real story behind this bankruptcy. Three day old fish would probably describe it, but not criminal. Should Jordan do a quid pro quo for one of his debts….that would probably qualify, Bill?

    Comment by Faringdon — May 31, 2009 @ 1:26 pm

  10. Faringdon,

    You are correct that a “clean” bankruptcy where all assets and liabilities are reported accurately and as requried is not criminal. It would be illegal for the bankruptcy declarer to sell his public duty of honest service to one of the claimants to reduce the value of the claim. A duty owed to the public cannot be sold to enrich the seller. The common term for that illegal action is soliciting or accepting a bribe or gratuity.

    It would also be illegal for the declarer to conceal assets from the bankruptcy court.

    It would also be illegal to misrepresent under oath the form of the bankruptcy in a state court in order to get the state court to dismiss a state action that would be preempted by a lawfully declared federal bankruptcy. That would be perjury in the state court.

    Comment by Bill — May 31, 2009 @ 2:21 pm

  11. Faringdon,

    Thanks for pointing out my “basic” mistake. Really, I get it – but my point is – there is enough “nepotism” going on that it warrants investigation. I feel that it is not a “mistake” to scream for the AG’s office when the behavior is unethical, in fact I believe we should scream louder when we question the plausible conflicts of interests that may breed corrupt activity. This crap deserves to be looked at, because in the long run, it’s going to cost us more, if it is not.

    I also understand the word “intent” and how Charlie Nipp was whitewashed. I also pointed out in my post, that this crap is floating around at the statehouse. I think it needs to be cleaned up – so I still say that the AG’s office – who works for us – needs to use their fricking plungers! These guys have already quid pro quo’d themselves into a cesspool of __________! And, if nothing is done, they are all just a just a bunch of _______! 🙂

    Comment by Stebbijo — May 31, 2009 @ 2:37 pm

  12. just = still. 😉

    Comment by Stebbijo — May 31, 2009 @ 2:39 pm

  13. stebbijo, I wasn’t criticizing you to be unkind or superior. But a civilized society works within the framework of the rules. Morals can’t be legislated and a lack of ethics is not against the law. I understand that a lack of ethics is a part of a sociopath which leads to criminal activity. That is not what is under discussion here. Unethical behavior as demonstrated on the CDA council, LCDC and many other walks of life everywhere, is simply not against the law. Nepotism is not against the law unless there is a specific statute prohibiting such. A body such as the AG simply cannot do the job they are supposed to do if they are constantly being called outside of their sphere. That would be the same as me calling the fire dept. if my house was entered illegally. And, of course, that brings us full circle to the point of this site. The only way the old boy network, the unethical behavior and other forms of civil abuse can be changed, is at the ballot box.

    Comment by Faringdon — June 1, 2009 @ 9:15 am

  14. Faringdon,

    You made an excellent point. Cutting corners, unethical behavior, though not necessarily illegal itself, can often lead the person to commit illegal acts. There is often a continuum, not a wall or even a bright line, between unethical and illegal behaviors. Public officials sometimes believe, incorrectly, that cutting corners, “bending” laws or ordinances, or outright illegal behavior is justified if done in the name of public good. It’s been called “noble cause corruption”, a term attributed to Dr. Edwin J. Delattre.

    Although Dr. Delattre’s work in public corruption focused on law enforcement officer corruption, his observations of behaviors apply equally well to all elected and appointed public officials including school administrators, foundation board members, and public charity officials.

    Comment by Bill — June 1, 2009 @ 9:26 am

  15. Bill, “noble cause corruption” has always been a fascinating concept. Certainly it is a catch all excuse for less that acceptable behavior. But to those who abuse this concept, one must ask the simple question. If I kill (ie) a raging pedophile, have I been of benefit to society, contributed to the greater good, or am I simply a murderer and, therefore, no better than the pedophile. A civilized society must live within the framework of that civilization. That is what separates us from anarchy. We may not always like that framework, but respect it we must.

    Comment by Faringdon — June 1, 2009 @ 10:11 am

  16. There’s an example of just that in today’s news, Faringdon. An infamous abortion doctor, known for providing late term or anytime abortions, was shot to death over the weekend. Could this be considered a “noble cause” action by some people? Undoubtedly. But, even though I am firmly against abortion and believe it is the taking of innocent life, taking this doctor’s life, however non-innocent, was murder.

    Comment by mary — June 1, 2009 @ 11:10 am

  17. Isn’t it interesting how these subjects often segue. I have always wondered how these people who kill doctors can call themselves “pro-life”. To murder a man with children and grandchildren who who benefits society (whether one agrees or not) does not equate to the greater good. I personally am pro-choice, which means each individual has the right to choose, either way. But…save for cases of saving the mother, I am not in favor of the late term abortions. These “doctor killers” claim they are saving babies. By taking this path, they separate themselves from any kind of civilized society. They are delusional murderers, nothing more.

    Comment by Faringdon — June 1, 2009 @ 12:51 pm

  18. I’m actually “pro-choice” too, Faringdon, it’s just that I think the choice is whether or not to have sex. If that choice is yes, the responsibility for any life that begins rests on those who willingly participated.

    Comment by mary — June 1, 2009 @ 4:09 pm

  19. Mary…truer words were never said!

    Comment by Faringdon — June 2, 2009 @ 9:29 am

  20. These “doctor killers” claim they are saving babies. By taking this path, they separate themselves from any kind of civilized society. They are delusional murderers, nothing more.Comment by Faringdon — June 1, 2009 @ 12:51 pm

    What does killing babies since 1973 make a person? A hero? I happen to think that Dr.Tiller is a serial killer.I only hope that he gets to see the thousands of souls, whose bodies he denied through abortion.I thought late term abortion was illegal?

    Comment by kageman — June 2, 2009 @ 11:26 am

  21. kagey, this is way way off subject and I respect your right to your opinion. That some consider the doctor a “killer” is irrelevant to the facts. Abortion is legal…murder is not. Simple as that.

    Comment by Faringdon — June 2, 2009 @ 12:09 pm

  22. I again state that shooting this doctor was wrong. But I also understand Kageman’s point, which is that this doctor was carrying out late term abortions, which are illegal and should also be considered murder. Where was the legal system in stopping Dr. Tiller? Did they just look the other way? Even if abortion is legal up to a certain gestation, there should not be a double standard of enforcement.

    Comment by mary — June 2, 2009 @ 12:17 pm

  23. Abortion is a hot button issue and probably the best thing is to respect everyones right to an opinion and let it rest at that. I have stated that, except when the life of the mother is at stake, I disapprove of the late term procedure. However, as I understand it, it is not illegal.

    What is pertinent to discussions on this site is the rule of law. It matters not whether we agree with a law or not, (and I’m not referring to abortion here) what matters to the preservation of society, is that we respect the law. Just because we dislike or disagree with a law, it doesn’t follow that we may then flaunt that law. We live in a country wherein we may work to change laws. But I firmly believe that must be done within the bounds of legal procedures. I have always had a problem with the concept that breaking a law was a good way to bring change. Perhaps I’m just a fuddy duddy, but I respect the law. When raising our children, we set boundaries. Society is just the same.

    Those who started this site are working for change using the very acceptable means of informing the voter. That is a prime example of working for change in an acceptable manner.

    Comment by Faringdon — June 2, 2009 @ 3:20 pm

  24. Farringdon has exited the soapbox! 🙂

    Comment by Faringdon — June 2, 2009 @ 3:22 pm

  25. There are a few situations where late term abortion becomes a burdensome option. Chemotherapy can kill a fetus but delays in starting such therapy can lead to the death of the mother (for example). The problem with Tiller is that he did a great many of these procedures and often for not such clear cut reasons. Many times the infant was found merely to be less than perfect. Fetuses with Downs syndrome and spina bifida were common victims. He also did not work for free or even cheaply. He was no philanthropic Doctor doing work for the good of these mothers and babies in distress. He was a last ditch opportunity for a family to end an unwelcome challenge or child into the world. Reportedly Tillman ended some 60,000 such pregnancies. How that man went to work each day and slept well each night is beyond me. Now he can answer to a higher authority.

    Comment by Wallypog — June 2, 2009 @ 4:38 pm

  26. Abortion is legal…

    And yet it still is the killing of an innocent child. Tiller specialized in full term killings. Obama voted against the Induced Infant Liability Act, which would have protected babies that survived late-term abortions. That same year a similar federal law, the Born Alive Infant Protection Act, was signed by President Bush. Only 15 members of the U.S. House opposed it, and it passed the Senate unanimously on a voice vote.

    Abortion is legal, yes, legalized murder. Oh yeah, Tiller regularly violated the laws that regulate abortion with impunity and the shut-eye connivance of corrupt elected officials. Once evil is legal, corruption follows.

    Comment by Pariah — June 2, 2009 @ 8:06 pm

  27. Faringdon,

    Thanks for the reply, sorry took so long, just checked in. I certainly understand what you are trying to say and I am not upset with your comments at all.

    However, this is your magic word, it is “rules.” You eloquently said it,”But a civilized society works within the framework of the rules.”

    Unfortunately, Idaho changes the rules to suit their own agendas – especially in the courts which has jurisdiction over the Legislature. They gave it away years ago to the Judicial Branch, and have failed to exercise their power to repeal many of their actions. Our legislature is losing huge ground by not recognizing this judical process that is not written, thus the people are left without a voice. I feel if we cannot get a handle on our judicial system, we have lost and we have no power in our votes. Our own Idaho Code does not recognize the appointment of lay people or the wives of judges to be apponted to these judicial committees.

    Our rules of Idaho government which happen to include the Idaho Court Rules of Evidence, Idaho Rules of Civil Procedure, not to mention Idaho Court Administrative Rules just happens to change without written documentation or protocol. Any wife to a judge or a cousin or a nephew or a son or cousin can be appointed to these committees and they have the influence to change court process. We are literally represented by these chosen few with no election and we have no input regarding these changes to our judicial system. The Supreme Court Justices will and can appoint anyone to the committees and they just might be the wives of their fellow cohorts. They form committees at their own whim. We pay for it. These chosen few also have ties to the Judicial Council and sit on the same committee of the judge you as a citizen may have a complaint against. They appoint a “click” of sorts. “Gee, appoint me, Judge – I want to be your buddy!” The Supreme Court per se has “squatters rights” over the people of Idaho.

    My argument is that few people know there is no written process in Idaho that governs Court rulemaking. In fact some of the minutes will show that certain folks do not even know why they were on a certain committee and the information derived from them does not exist. You would not necessarily know this unless you decided to research – further – past the statutes, which is Idaho Code and then further research Idaho Court Administrative Rules which happens to incorporate Idaho Code into these rules. Our judicial system is legislating from the bench through these committees. This also applies to Idaho Rules of Civil Procedure and Idaho Rules of Evidence where certain rules are tweaked to bypass the Idaho Rules of Evidence and sign away your rights to due process through “informal” trials, ignorantly, but at no fault of your own. Many of us did not have the opportunity to go to law school. These rules are being changed without accurate judicial court minutes, without taped committee recordings, and without public hearings or adequate public input. We don’t even really know when their minutes will become public and we are not invited to their meetings.

    Some of the folks who have oversight, regarding these very critical changes to our court processess just happen to be infected with nepotism.

    That’s my case and I am sticking to it.

    Disclaimer: I am not an attorney and do not construe any of this as legal advise. 🙂

    Comment by Stebbijo — June 2, 2009 @ 8:42 pm

  28. I have never asserted that all laws are good. However, often the value of a gvie law is in the eye of the beholder. I reiterate, if you feel change is necessary, work for it. I’m not saying that one can always accomplish change, but our laws/constitution give us the right to (factually) inform and work for the greater good.

    My last word on Dr. Tiller, like it or not (and as for late term I’m in the “not” column,except for one reason) the law doesn’t see abortion as murder. Shooting a person to death is murder and as such illegal. I do not run this site and I don’t make the rules, still I really think that this hot button issue has nothing to do with Open CDA and we should just practice mutual respect and move on to the problems in this city. And heaven knows, this place is rife with the need for change.

    Apparently Farringdon has returned to the soapbox. 🙂

    Comment by Faringdon — June 3, 2009 @ 8:01 am

  29. I reiterate, if you feel change is necessary, work for it.

    How? We had laws, laws debated in open assemblies across the country, laws passed and signed by magistrates. Laws that regulated abortion, sometimes by nearly total bans, sometimes with great liberalism.

    In 1973 those laws, by judicial fiat – based on lies driven by an ambitious and anti-American group of left wingers – were destroyed. Now there is NO law that stops anyone from killing a baby before birth at any gestation and for any reason. Instead of laws we now have fiat and the rank murder of children under the color of law but without the debate and consensus free men ought to expect. The end result is violence. And more will come, much more.

    Comment by Pariah — June 3, 2009 @ 8:37 pm

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