Here’s a news item from the Associated Press: LEWISTON, Idaho (AP) — A llama is still on the loose in Lewiston. Nez Perce County Sheriff’s Lt. Bill Madison says they still haven’t identified the owner of the llama, which has been helping itself to neighborhood gardens and shrubbery for just over a week. Madison says if an opportunity arises, officers will try to safely and humanely bring it in. KLEW-TV reports the sheriff’s department is seeking information on the owner of the pack animal.

Boise State University and the government of the Basque Country signed a new five-year agreement today that strengthens their existing partnership in BSU’s Basque Studies Program, and includes $390,000 in funding for faculty and more. “Basques of North America know very well, over the years, through the Basque centers, through universities, programs, Jaialdi itself, that you create social bonds,” Basque President Patxi Lopez said as the agreement was signed amid the once-every-five-years Jaialdi Basque culture celebration this week in Boise. “But you do more than this: you keep the culture alive.  Our culture does not belong to anyone, but is a universal wealth.” Click here to read the full announcement.

Meanwhile, a sister-state agreement is in the works between Idaho and the Basque territory of Bizkaia.

Imagine how stunned I was to see on the AP wire today that an elusive graffiti bandit is annoying the heck out of Pocatello by emblazoning “BZR” in all kinds of high and hard-to-reach places on buildings and signs in the southeast Idaho city. Yes, those are my initials (Betsy Z. Russell), but I’m definitely not the bandit! Click below to read an AP report, via the Idaho State Journal, about the graffiti artist, whom one local business owner has threatened to make “walk the plank” if she catches him.

Continue reading It’s not me… »

Here’s a link to the letter that Rep. Shirley Ringo’s attorney, Robert Huntley, delivered to the Idaho Attorney General’s office yesterday on secret tax deals, with the three new sworn statements attached along with an earlier affidavit from Stan Howland. One note: One of the affidavits names two names, both of North Idaho legislators. The affidavit of Joe Schwartz, former longtime head of the North Idaho office of the state Tax Commission, includes a comment about  “Representative Hart of Athol,” saying he “refuses to file or pay taxes.” Hart’s tax case, which became public when he filed an appeal to the state Board of Tax Appeals this spring, indicates he failed to file state tax returns for three years in the 1990s, but there’s no indication that he’s failed to file since, though he’s disputing the amount due.

The affidavit also references “Senator Shawn Keough” as an example of lawmakers who allegedly threatened to “punish” the Tax Commission if it attempted to enforce certain laws and allegedly advised constituents not to comply. Keough said, “I don’t recall ever saying anything like that. I don’t remember anyone by that name. I would never tell anyone to break the law.” She added, “I am pretty astounded by the charge.” Said Keough, R-Sandpoint, “At this point, so that the air can be cleared, I would welcome a full investigation and perhaps a court of law is where that needs to occur to remove any cloud of impropriety or political pressure.”

Three more longtime senior employees of the Idaho State Tax Commission have come forward with sworn statements charging that secret tax deals were offered to those with political influence, and now Rep. Shirley Ringo, D-Moscow, is offering to put her pending lawsuit over the deals on hold in favor of an in-depth investigation of the charges. “I think it should make people realize that we have something very serious we’re dealing with,” Ringo said today.     She and her attorney, former Idaho Supreme Court Justice Robert Huntley, sent the three new sworn statements to Attorney General Lawrence Wasden yesterday, along with a letter offering to suspend the lawsuit if the state launches an investigation meeting certain requirements, and grants job protection to current Tax Commission employees who testify.

“We have found several people who work within the Tax Commission who would like to speak up, but they’re in fear of jeopardizing their employment,” Ringo said. Bob Cooper, spokesman for the Attorney General’s office, said, “We did receive Mr. Huntley’s letter yesterday, and we’re reviewing it.” You can read my full story here at spokesman.com.

Gov. Butch Otter’s administration chief and close friend, Mike Gwartney, has been something of a lightning rod for controversy throughout Otter’s term in office, attracting the ire of state workers for proposing cuts to health benefits and clashing with lawmakers on everything from activities in the newly renovated state Capitol - a project he oversaw - to his plans to trim health coverage for state retirees and part-time state workers. Gwartney, 69, who’s retiring from state service today, is a retired corporate executive who served as chairman and CEO of Farmers and Merchants State Bank and chairman of Regence BlueShield of Idaho; was vice president for human resources at Boise Cascade Corp.; and was a member of the Idaho House from 1976 to 1982.

When Gwartney first was named head of the Department of Administration, Otter was planning to phase the department out; instead, it grew and took on new duties, including consolidating information technology systems for all state agencies and handling the controversial Idaho Education Network project to link Idaho schools with a broadband network; that’s now been shifted to the state Department of Education. In a 2008 interview, Gwartney said, “I’ve learned a couple things. You can’t run state government like you run a business. There’s more transparency, deservedly so. There are more people looking over your shoulder - the Legislature, the governor’s staff. But on the other hand, you can bring business practices to government.”

Mike Gwartney, Gov. Butch Otter’s best friend and his right-hand man in his administration, serving without pay as the director of the Department of Administration, is retiring as of today, and his chief deputy, Teresa Luna, will take over his post on an interim basis. “He is retiring,” confirmed Mark Warbis, Otter’s communications director. “And Teresa is going to be the interim director at this point. She’s taking over the day-to-day for now.”

Jon Hanian, Otter’s press secretary, said, “This has been in the works for quite a while. …. There is a process for someone permanent to be selected, but we’re not going to rush that. … We’ll find the right person.”

Bob Huntley, attorney for Rep. Shirley Ringo, D-Moscow, in her lawsuit over secret tax deals at the state Tax Commission, sent a letter to Idaho Attorney General Lawrence Wasden today with three new affidavits attached from longtime senior tax auditors, all making allegations just as shocking as those in the original affidavit from retired senior auditor Stan Howland about special tax deals being offered to those with political influence, and Huntley proposed that if the state would convene a special investigation panel to look into the charges and follow certain requirements, he and Ringo would suspend their lawsuit that’s now pending in 4th District Court.

GOP congressional candidate Raul Labrador, while in Washington, D.C. this week for a fundraiser and other meetings, filled in for scheduled speaker Rep. Michelle Bachmann, R-Minn., yesterday at a talk at the Republican National Committee headquarters dubbed the “Fire Pelosi Speaking Series.” “I am honored the RNC asked me to fill in for a visionary leader like Congressman Michelle Bachmann,” Labrador said in a statement. “She is helping lead our country away from the brink of financial ruin and return it to fiscal sanity. I respect her greatly.” You can see Labrador’s full statement here.

The House Democratic Caucus has issued a statement commenting on the outcome of today’s House Ethics Committee on the conduct of Rep. Phil Hart. Minority Leader John Rusche, D-Lewiston, said in the statement, ““I appreciate the Speaker forming a committee in response to my complaint and am grateful for Chairman Loertscher’s leadership of the committee deliberations. With that said, I am disappointed in the dismissal of the conflict of interest issue by a majority of the members of the committee and their implicit conclusion that Representative Hart’s behavior and actions were acceptable.” Click below for the full release.

Continue reading Rusche, House Dems: Appreciate committee, disappointed in dismissal »

Idaho has lost out in its bid to land a new F-35 mission at Gowen Field in Boise and at Mountain Home Air Force Base, a decision by the U.S. Air Force that Idaho’s congressional delegation called “disappointing.” They noted, however, that Gowen Field remains in the running for an expanded mission for operations of the  C-27J cargo aircraft, and that Idaho’s bases aren’t out of the running for future F-35 missions.

In a joint statement, Idaho’s senators and congressmen took issue with the Air Force’s conclusion that additional construction costs that would be needed in Idaho tilted the decision away from the state. “That determination is disappointing because all of the sites chosen will require new construction to accommodate three squadrons,” the delegation said. “Other benefits should have factored into the decision besides initial cost savings.  We will be taking a close look at the data used to reach this decision to ensure it was a transparent and apolitical process.” Click below to read the full joint news release from Idaho Sens. Mike Crapo and Jim Risch and Idaho Reps. Walt Minnick and Mike Simpson.  

Continue reading Idaho loses in F-35 bid, Utah, Vermont chosen »

Dozens of lawyers from across the country gathered at Idaho’s federal courthouse in Boise this morning to argue about the handling of more than 300 lawsuits filed against BP and other companies over a huge natural disaster thousands of miles away, the BP oil spill in the Gulf of Mexico. A small group of protesters met the lawyers outside the courthouse, holding signs with slogans like “BP lies, the Gulf dies” and, above a smiling drawing of the earth, “Before BP.” Inside, a federal judicial panel wrestled with questions of bias and geography in debating where to consolidate the many cases; click below to read a full report from AP reporter Curt Anderson.

Continue reading Disputes over Gulf oil spill wash all the way to Boise’s federal court »

Here’s a link to my full story at spokesman.com on the House Ethics Committee hearing today, at which a 4-3 party-line vote cleared Rep. Phil Hart of conflict-of-interest charges. Hart still faces an additional ethics charge of abuse of legislative privilege; the committee will convene another time to consider that charge. Rep. Tom Loertscher, R-Iona, the ethics committee chairman, said, “My emphasis has been dealing with this fairly, looking at it totally objectively, trying to divorce the personalities from the issues. When it comes down to that … I think we probably did a pretty good job today.”

Rep. Wendy Jaquet, D-Ketchum, the panel’s vice-chair, said, “I’m disappointed. I think to me, the perception is out there and the constituents are upset, and his actions do stain the credibility of the institution. And that’s what I’m really concerned about.”

An unrepentant Rep. Phil Hart said at a press conference after today’s House Ethics Committee meeting that he has no plans to declare conflicts of interest in situations like those examined by the committee today, in which he voted on or proposed tax legislation while also pressing his own personal fight against paying a $53,000 judgment from the state Tax Commission for back income tax, penalties and interest. “I think that’s a troubling road to go down, to have a disciplinary action based on perceptions,” he said. “I think as citizen legislators, we all do something else for a living. I think we ought to have some flexibility and some deference to the members.”

Hart said, “I am glad that we had this hearing today … and that there has been an opportunity to present this in front of the public … and to get this out in the open.” He said, “I hope that we don’t have future possible candidates scared away from the electoral process,” because of the attention his case has received.

Hart said he expected the conflict-of-interest charges against him to be dismissed. “I don’t think there is a connection between those votes I made and my personal circumstances,” he said. “I think the issue got an adequate hearing, we heard voices from both sides, and I think the decision was right.” He expressed optimism about his prospects on the remaining charge of abuse of legislative privilege. “I think I’ve got a very solid foundation, and I think when it’s ultimately resolved, it’ll be resolved in my favor.”

Still pending before the Ethics Committee is the question of whether Hart abused legislative privilege by invoking it repeatedly to win delays in his state and federal income tax cases. The committee will wait for court resolution of that issue before taking it up on the ethics charge. The committee has now adjourned for today.

The House Ethics Committee has voted along party lines against the substitute motion to reprimand Rep. Phil Hart and recommend his removal of the House Revenue & Taxation, and then voted, again along party lines, 4-3 to dismiss conflict of interest ethics charges against Hart. All Republicans voted for dismissal; all Democrats on the committee voted against it.

Rep. Bert Stevenson, R-Rupert, has moved to dismiss the ethics charges against Hart with regard to Rule 38, conflicts of interest. Rep. Dell Raybould, R-Rexburg, seconded the motion. Rep. Wendy Jaquet, D-Ketchum, made a substitute motion to reprimand Hart and recommend to the speaker that he be removed from the Revenue & Taxation Committee as a sanction. Rep. Bill Killen, D-Boise, seconded the substitute motion.

Rep. Wendy Jaquet told the Ethics Committee, “When I look at this I wonder in my mind whether Rep. Hart should be on the Revenue & Taxation Committee, because of the history that Rep. Hart is still dealing with with regard to tax matters. … We have a representative who basically is not paying his taxes, and my constituents are paying their taxes. I feel that he should not be on the Revenue & Taxation Committee because of the appearance of conflict.”

Starr Kelso, Hart’s attorney, responded that that’s “a political issue - it has nothing to do with a legal issue of a conflict of interest.”

Rep. George Sayler, D-Coeur d’Alene, said, “In this situation, the perception up here for the most part is that Rep. Hart has behaved inappropriately. … It’s a pattern of actions involving taxes on all fronts.” Why, he asked, did Hart continually delay his tax appeals citing legislative privilege? How does he explain his overall behavior?

Kelso, after conferring with Hart, said, “Are we going to be involved in second-guessing how people operate under the rules and laws of our country when they do not impact the legal parameters of the Legislature? I think that the Legislature does not want to go there.” Kelso pointed Sayler instead to “the remedy at the ballot box. … If constituents are concerned and have issues, they vote.” However, of course, Hart is unopposed for re-election in November.

Rep. Phil Hart won’t answer questions from the House Ethics Committee; instead, he’s letting his attorney, Starr Kelso, speak for him.

Rep. Dell Raybould, R-Rexburg, said in his view, a legislator can’t have a conflict of interest on a bill if it affects anyone other than the legislator himself. “I think we have to be careful here in terms of singling out a particular piece of legislation that Rep. Hart may be involved with, unless it pertains to him only,” Raybould declared. “If it pertains to anyone else or any class of people that would benefit in a like manner of that which a member voting it or sponsoring it would achieve, I think we’ve got to be careful or we’re not going to be able to have anyone involved in our legislative capacity except people who don’t have family and don’t have jobs.” His comment drew an appreciative mutter from Hart supporters in the audience.

Here’s attorney Starr Kelso’s defense of Rep. Phil Hart’s vote on HB 436, regarding not letting non-filers file again later by adjusting a statute of limitations: “No 1, it applies to all Idaho taxpayers,” he said. “It was a Tax Commission bill. And speaking with Mr. Shaner, i asked him specifically, was it the purpose and intent of the Tax Commission in putting forth this bill to address Mr. Hart. The answer was of course not. There are a number of people with situations like this.” Plus, he said the bill is aimed at those who want to claim refunds. “Mr Hart probably would say to you he wished he was in a position where he was asking for a refund. It doesn’t apply to him at all.”

Rep. Tom Loertscher asked Shaner how many non-filers Idaho has; he didn’t have figures.

A new issue has been raised by the Ethics Committee with regard to Rep. Phil Hart. HB 436, which would have prevented taxpayers who hadn’t filed returns in a past year from filing later to address those years by adjusting a statute of limitations, is directly applicable to Hart’s case; the state Tax Commission ruled that he didn’t file for the tax years 1996, 1997 and 1998. Rep. Tom Loertscher, committee chairman, called it “a very interesting piece of legislation.” Deputy Attorney General Brian Kane said, “There appears to be an issue with regard to whether or not Rule 38 was invoked.”

Erick Shaner, deputy attorney general, told the committee, “This particular piece of legislation would have affected his ability to address those particular years in regard to his subsequent filing … on his behalf.” The bill died on a tied vote in the House Revenue & Taxation Committee, and Hart voted against it without revealing any conflict. The bill was proposed by the state Tax Commission.

Rep. Wendy Jaquet, D-Ketchum, questioned Starr Kelso, Rep. Phil Hart’s attorney, about why he submitted legal documents to the state in Hart’s tax appeal stating that the issue of legislative privilege was “being considered by legislative leaders,” and whether Kelso sought that consideration, whether it occurred during a legislative session, and what form it took. Kelso said, “The issue was raised by Mr. Hart to, I believe, the speaker. We were waiting for the response. To my knowledge, there really was no response.”

Rep. Tom Loertscher, chairman of the House Ethics Committee, responded to vice-chair Rep. Wendy Jaquet’s comments, saying, “I don’t think there’s any legislator that has a personal agenda.” Lawmakers “tend to find issues that they are passionate about,” he said. That doesn’t mean they have conflicts of interest.

Members of the Ethics Committee had a few questions about the complaint and charges against Rep. Phil Hart. Rep. Dell Raybould, R-Rexburg, said, “It looks like to me it’s extremely vague.” Rep. Wendy Jaquet, D-Ketchum, responded, “We have an obligation as a body to … represent what is good about Idaho, that we follow the rules and don’t break laws. … I think the reason we are here today is to determine, rather than having the media determine,” whether that’s occurred. “We probably need to invoke Rule 38 more often,” she said, to disclose conflicts of interest. “The representative has some issues in the state and with the federal government, and … that may not be reflective of how our constituents would like to see us. I think we’re held to a higher standard.”

She added that the committee must look at if “the gentleman is using his ability as a legislator basically to further his agenda and to participate in a way that our constituents do not feel is appropriate. I think that’s why we’re here.” She noted that Hart voted on tax rules, introduced a personal bill to eliminate the state income tax, and voted on a silver bill when he’s been involved with a company manufacturing silver Liberty Dollars. Hart’s attorney, Starr Kelso, then told the committee that Hart severed his relationship with that company in 2006.

Rep. Tom Loertscher, R-Iona, opened the House Ethics Committee hearing by noting that there is a “live proceeding” right now on the issue of whether Rep. Phil Hart improperly invoked legislative privilege in his state income tax case. “We know that there is a live proceeding right now on this very issue,” Loertscher said, referring to Hart’s appeal to the state Board of Tax Appeals. “We would be interfering with an ongoing court case, which is a dangerous place to be. … We don’t want to cloud the issue one way or the other.” So for today, the committee will avoid that issue, Loertscher said.

On the question of conflict of interest, Loertscher noted that the committee has received documents from the Attorney General’s office noting that in the past legislative session, “Mr. Hart not at any time having declared Rule 38,” Hart never disclosed a conflict of interest on any issue in the Legislature.

The House Ethics Committee is getting ready to start its meeting this morning to look into the conduct of Rep. Phil Hart, R-Athol. A handful of Hart supporters are in the audience, wearing pink paper hearts with the slogan, “Protect Idaho’s Hart.” To listen live to the proceedings, go to the Legislature’s website here, and click on the link under “announcements.”

That was a pretty dramatic fight against the Eagle wildfire last night, with planes dropping fire retardant, helicopters dipping and dumping water buckets, crews working on the ground, smoke billowing and winds shifting and gusting. The fire was fully contained by mid-evening after nearly 5,000 acres burned; four homes were lost, but there were no injuries. The smoke even cleared out over Boise as evening settled in. But it’s a sign of what’s to come as the fire season gets under way; lightning touched off the blaze, which went whipping through dry sage and brush that’s extra-thick after this year’s cool, wet spring.

A fast-growing wildfire northwest of Boise has damaged two homes in the Skyline Subdivision near State Highway 16 in Eagle, and homes north of Beacon Light Road and west of Highway 55 have been ordered evacuated; an evacuation center has been set up at Eagle High School. Numerous firefighting planes, trucks and brush rigs have been dispatched to the fire this afternoon, which has darkened the skies over Boise with brown smoke. This as there’s also another 100-acre grass fire burning between Boise and Mountain Home, and the Teapot Dome fire, about 10 miles east of Mountain Home, reportedly has expanded to 600 acres and is 60 percent contained. Be careful out there.

Here’s why Gov. Butch Otter issued the press release saying he “won’t intervene” in the BSU-UI football rivalry spat: He was asked about it after his speech to the Boise chamber today by Idaho Statesman reporter Dan Popkey. “The governor told him, he said, ‘Personally, my personal view is I’d like to see that rivalry and that game continue, but Dan, honestly, I’ve got to see what authority I have in order to do that,” said Otter’s press secretary, Jon Hanian. “He said, ‘I need to find that out and let you know.’” Then, Hanian said, “It didn’t take long to determine.”

Said Hanian, “We have not gotten any request from the university. … We were just responding to a question.”