NorthwestJanuary 12, 2015

Illegal contracts • ed spending • urban renewal • discrimination

Rep. John Rusche of Lewiston speaks on the House floor during the 2014 legisltive session at the Statehouse in Boise. Rusche is the House Minority Leader.
Rep. John Rusche of Lewiston speaks on the House floor during the 2014 legisltive session at the Statehouse in Boise. Rusche is the House Minority Leader.Tribune/Kyle Mills
C.L. (Butch) Otter
C.L. (Butch) OtterTribune/Kyle Mills
Scott Bedke
Scott BedkeAP
John Rusche
John Rusche
Dan Schmidt
Dan Schmidt
Jerry Whitehead
Jerry WhiteheadTribune/Barry Kough
Sen. Dan Schmidt of Moscow talks with Sen. Roy Lacey of Pocatello during a break on the senate floor during the 2014 Legislative session.
Sen. Dan Schmidt of Moscow talks with Sen. Roy Lacey of Pocatello during a break on the senate floor during the 2014 Legislative session.Tribune/Kyle Mills
Legislators and the public will fill the halls of the Idaho State Capitol, as the 2015 Legislative session gets underway today.
Legislators and the public will fill the halls of the Idaho State Capitol, as the 2015 Legislative session gets underway today.Tribune/Kyle Mills

1. Getting a handle on government misdeeds

Following a string of embarrassing revelations the past few years regarding mishandled government contracts and flawed investigations into contractor misdeeds, the Idaho Legislature may be ready to strengthen its oversight of the executive branch.

House Speaker Scott Bedke, R-Oakley, said he's sure lawmakers in both parties "will be taking a hard look at how procurement is done and whether there are better ways to do things."

The move is prompted in part by the $60 million Idaho Education Network contract. In November, a District Court judge said the contract was illegally awarded to Qwest in 2009. The ruling raises the possibility of damage awards; it also means the state may have to cover the federal government's 75 percent share of the contract costs.

Similar concerns arose when the Idaho State Police chose not to investigate private prison contractor Corrections Corporation of America for over-billing the state by thousands of hours.

House Minority Leader John Rusche, D-Lewiston, said creating an inspector general position could help uncover and avoid problems of this nature.

"It's a way to receive complaints and investigate if they have merit," he said. "It's a well-recognized tool in many states."

State employees can go to their agency director or the governor's office if they have an issue, but that's problematic if - as with the Idaho Education Network contract - the director is the reason a contract was improperly awarded.

"They can't go to the attorney general, because he has no authority to investigate," Rusche said. "We have whistle-blower protection, but no place for the whistle-blower to go to."

Rusche has been working on legislation modeled after a Virginia law that would allow the governor to appoint an inspector general. To avoid political pressure, the individual could only be removed with the consent of the Senate. They would have subpoena power, but criminal activity would have to be referred to a local prosecutor for further action.

Bedke said his main concern with the idea is that, "once the issue of the day blows over, what does this individual do to justify their position?"

"My desire is that we do what's needed to make sure the public has confidence in the system and that the process is transparent," he said. If that can be done without creating a new office, so be it. Otherwise, "if it becomes apparent (an inspector general) is needed, I'm sure the Legislature would support that."

2. Backpedaling on education?

Prior to the November election, Gov. C.L. (Butch) Otter spent months touting his commitment to education. After the election, he said tax cuts would be a major priority during his third term.

Whether that indicates he's backing away from plans to boost teacher pay by at least $200 million - as recommended by the governor's Task Force on Improving Education - will become apparent when he releases his 2016 budget recommendation today.

Also looming in the background is an ongoing dispute between teachers and the State Board of Education over "tiered licensure" - a multilevel teacher certification program - and how closely teacher pay increases will be tied to improvements in student achievement and other performance measures.

If education stakeholders can't agree on those issues, it could provide the opening legislators need to shift more money into tax cuts, transportation or other non-education programs.

Sen. Dan Schmidt, D-Moscow, said he was amazed during the election campaign at how enthusiastically moderate and conservative Republicans endorsed the task force recommendations.

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Then Otter made his tax cuts comment, and the Board of Education approved a tiered licensure proposal that teachers didn't fully support.

"Now I'm wondering if the commitment to education we heard from Republicans is consistent, or if this is a fight we'll keep having," Schmidt said. "When the whole tiered licensure conflict came up I thought, 'Oh, no. This is the excuse they'll use (to limit education funding).' "

Newly elected Superintendent of Public Instruction Sherri Ybarra muddied the waters even further Tuesday, when she suggested tiered licensure be delayed for a year.

3. Urban renewal gets a makeover

For the past several years, conservative Republicans have tried repeatedly to modify the state's urban renewal laws, with a goal of requiring voter approval of any new expenditures or district expansions.

A number of bills passed the House, only to die in the Senate.

The legislation is primarily aimed at problems in the Coeur d'Alene area, although every region in the state has had issues with how the law works. Nez Perce County, for example, has sued Lewiston twice for extending the life of its urban renewal districts and for expanding the list of projects to be paid for with tax-increment dollars, rather than returning those dollars to the underlying taxing jurisdictions.

Bedke hopes to bring the various interests together this year to revamp the statutes and keep urban renewal as a local development tool.

"There have been several loose groups looking into this around the state," he said. "Beginning the first week of the session I'd like them to meet and pool their information, to look at best practices and list the things everyone would like to see."

The idea, Bedke said, would be to study the issue for several weeks and possibly draft a bill toward the end of the session.

"Urban renewal has been stretched and adapted over the years to be an economic development tool," he said. "That's caused some problems along the way. It was intended to address blight - which it does very well - but the timetables and parameters don't necessarily work so well when it comes to economic development."

4. Will Add the Words finally get a hearing?

One of the most dramatic aspects of the 2014 session was the multiple Add the Words protests that took place on almost a weekly basis.

More than 100 people were arrested for blocking access to Senate chambers. Other protests ranged from one or two individuals standing silently with hands over their mouths, to the "Circle of Stories," where 30 people lined the Capitol rotunda to talk about friends and loved ones and their own experiences with hate and discrimination.

The campaign wants the words "sexual orientation" and "gender identity" added to the Idaho Human Rights Act, to help reduce housing and employment discrimination for lesbian, gay, bisexual and transgender individuals.

More fundamentally, supporters want an opportunity to present their case. They've tried for nine years to get a public hearing on the proposal, but the Senate State Affairs Committee has consistently refused to consider the bill.

While the chances of a bill being approved are still small, Rusche thinks this may be the year when the issue finally gets a public hearing. However, the "price" may be a hearing on a religious freedom bill that provides legal protection for business owners who refuse service to lesbians or gays for religious reasons.

Last fall, Otter said Add the Words should get a bill hearing and suggested it would happen this session. Bedke agreed.

"This is an important issue for many people in the state," Bedke said. "We (lawmakers) will consult with one another and find a way to address it."

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