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Dan Rose’s Bonner County Central Committee and POHD Policy Contributions;

 

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Resolution

Recall the Idaho Legislature for Emergency Session on Covid19 policy Discussion and Plan to Reopen Idaho

 

Resolution #:   2020 - 02

Resolution Author:           Daniel Rose

Resolution Presenter:      Daniel Rose

 

Whereas, the IDGOP Party Platform states in the Preamble many principles and values that, We, Constitutional and Conservative Republicans hold dear1; and

 

Whereas, Article III, Section 27, of the Idaho Constitution identifies the powers and duties appointed  to the Governor, relating to the continuity of state and local government operations, during “disasters;” and  

 

Whereas, Article IV, Section 9, of the Idaho Constitution identifies the Governor’s authority to convene “extra sessions of the legislature;” and

 

Whereas, Idaho Code, 46-1008 states, “The legislature by concurrent resolution may terminate a state of disaster emergency at any time,” requires the Governor to reconvene legislative session; and

 

Whereas, the Institute for Health Metrics and Evaluation (IHME) has reported “disaster” data, to Governor Little and the general public, that 35 of 44 Idaho counties have zero confirmed Covid19 deaths, and, 31 of 44 Idaho counties have 7 or less Covid19 positive tests, as of April 21, 2020,2 and

 

THEREFORE BE IT RESOLVED, that the Bonner County Republican Central Committee encourages the Idaho Legislators to petition, the Senate Pro Tempore, the Speaker of the House, and the Governor to immediately convene the legislature to reconsider the Governor’s executive order regarding the Covid19 emergency disaster policy and order, so that all Idaho citizens are represented for consideration of, current and future, county and/or state-wide “disaster” orders.

 

Adopted this 21st day of April 2020, by concerned pro-responsible government, Bonner County Republican committeemen.

 

1 ~ www.idgop.org/wp-content/uploads/2018/07/2018-Idaho-GOP-Platform-Updated

2 ~ www.bing.com/search?q=idaho+deaths+covid19&src=IE-SearchBox&FORM=IESR3S&pc=EUPP_

 

 

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Resolution – Accountable Election Process

Resolution #:                      2019 - 10

Resolution Author:            Daniel Rose                            Resolution Presenter:      Daniel Rose

 

WHEREAS, the IDGOP Platform “ARTICLE XVI. LAW AND ORDER WITH JUSTICE.  The Idaho Republican Party believes that …, courts and the prosecutors should continue to recognize the substantial rights and interests of crime victims in the judicial process,” (FN 1) and,

 

WHEREAS, the IDGOP platform in Article I, section 2(F) reads, “We believe voter’s approval should be required prior to approval of debt-financed city projects. Municipal laws that allow public dollars to be converted to private use and government entities to compete against the private sector or divert public money to special projects without support of the taxpayer, must be repealed,” (FN 1) and,

 

WHEREAS, Idaho Code 31-2604 reads, “It is the duty of the prosecuting attorney: To prosecute or defend all actions, applications or motions, civil or criminal, in the district court of his county in which the people, or the action or proceeding to another county, he must prosecute or defend the same in such other county,” (FN 1) and,

 

WHEREAS, Idaho Code 39-1339 states, (1) Whenever the board of the hospital district shall by resolution determine that it is in the interest of said district and in the public interest or necessity to purchase, contract, lease or construct or otherwise acquire facilities, equipment, technology and real property for health care operations or make any contract with the United States or other persons or corporations, public or private, municipalities or governmental subdivisions to carry out the said public works, acquisitions, improvements, objects or purposes of said district requiring the creation of an indebtedness payable out of taxes of five hundred thousand dollars ($500,000) or more, and in any event when the indebtedness will exceed the income and revenue provided for the year, the board shall order the submission of the proposition of issuing such obligations or bonds or creating other indebtedness payable out of taxes to the qualified electors of the district at an election held, subject to the provisions of section 34-106, Idaho Code, for that purpose. The declaration of public interest or necessity, herein required, and the provision for the holding of such election may be included within one (1) and the same resolution, which resolution, in addition to such declaration of public interest or necessity shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated costs of the works, improvements, or medical or business equipment, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolutions shall also fix the date upon which such election shall be held, and the manner of holding the same in accordance with the provisions of title 34, Idaho Code, and the method of voting for or against the incurring of the proposed indebtedness; such resolution shall designate the polling place or places…”

(2)  No election shall be required for any lease or other transaction entered into between the hospital district and the Idaho health facilities authority…

(3)  Notwithstanding subsection (1) or (2) of this section and provided that no property tax revenues shall be used for payment of indebtedness authorized by this subsection, district hospitals, ancillary to their operations and in furtherance of health care needs in their service areas, may incur indebtedness or liability without an election to purchase, contract, lease or construct or otherwise acquire facilities, equipment, technology and real property for health care operations.        (FN 2), and,

 

WHEREAS, Pend Oreille Hospital District Special meeting minutes of Feb. 13, 2019 describe a failed attempt at creating Resolution and “Agreement” language required by I.C. 39-1339. (FN 3), and,

 

WHEREAS, The Pend Oreille Hospital District has exceeded $500,000 of tax disbursements without presenting an election to the district electors for indebtedness by means of contract known as the “Clinic Services Agreement,”

 

BE IT RESOLVED, that the Bonner County Central Committee encourages the Bonner County Prosecutor to correct the lack of compliance to hospital district election law relative to disbursements by mandating the indebtedness and/or contract issue be brought before the electors of the taxing district at the next available election.

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From the desk of

Daniel C. Rose

517 Sitting Bull Road

Sandpoint, ID 83864

Email:  dr-hospital-trustee@gmail.com

 

FOR IMMEDIATE RELEASE

 

Tuesday, January 15, 2019

 

Misappropriation of taxpayer dollars and violations of state open meeting law.

 

Sandpoint – Pend Oreille Hospital District Trustees violated state open meeting law, and participated in a pattern of “misuse of public moneys by public officials” amounting to approximately sixteen million, eight hundred thousand dollars, ($16,800,000.) to Bonner General Hospital Inc. for at least two decades.

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POHD Trustee Rose’s complaint, filed with the Idaho Attorney General in August of 2018, received a four page response, dated, October 16, 2018, stating, “in summary, the Districts funding of Bonner Hospital, in our view, fails to comply with Idaho’s applicable constitutional and statutory provisions.”  The relative statutory provisions detailed in several sections of Title 39, Chapter 13 of Idaho Code “…do not authorize the District to simply fund a private nonprofit entity.” Additionally, the AG stated, “…the Districts actions relative to Bonner Hospital violate Article VIII section 3C [of the Idaho Constitution] in at least two ways.”

 

First, all hospital districts are prohibited from using tax revenue to support authorized activities under 3C.  Second, the District’s donations to the hospital are not ancillary activities as described in Article VIII, section 3C.  Subsequent to receiving the AG’s October 16, 2018 letter of legal determination, the POHD minutes show that the POHD Board of Trustees, excluding Rose, with Davillier Law Group counsel present, voted to transfer a total of $30,705.69 of ad-valorem tax funds between October and November.  A December 2018 transfer was tabled after the Law Office of Sean P. Smith counseled the POHD Board to the legal perils of continued transfers.  POHD Minutes show that trustees annually transfer at least $1.1 million to BGH Inc..  An average three year BGH Inc. profit amounts to $981,000.00 per year.  A January 15, 2019 Agenda identifies a POHD Board intention of transferring $100,000 of ad-valorem funds.  

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The POHD business is also conducted in a private BGH Inc. board meeting where a POHD quorum is often attained, wherein, duly elected POHD Trustee Rose and the public is prohibited from attending.  The Bonner County Prosecutor’s Office, having exclusive enforcement jurisdiction under I.C. 67-2347(5) – Open Meeting and Quorum Law, and informed of the several violations between May and December 2018, has responded, “Bonner will be diligently evaluating your complaint[s].” Arguably a continued systematic harm to a trustee’s official elected duty is not being adequately addressed, leaving Rose to deliberate, “when does prosecutorial discretion become nonfeasance?”

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Not addressed by the state’s Attorney General is the issue of “District” ad-valorem funds spent between April 2016 and November 2017 on a facility rental outside of the “District,” in Noxon, Montana.  The POHD Board of Trustees consists of: Chairman Dr. Thomas Lawrence, Vice-Chair Tim Cochran, and Trustees; Dr. Scott Burgstahler, Superintendent Shawn Woodward, Jim Franks, Bart Casey and Dan Rose.

The Law Office of Attorney Sean P. Smith, representing complainant Rose in his official capacity as POHD Trustee, is awaiting full disclosure before deciding what further course of action to take.  Media outlets will be notified in a subsequent press release of intended actions.

 

TRUSTEE

 

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BCRCC, September 2019

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I assume that the State Constituiton, Art. III, section 1, para. 3 which allows for initiative petition was instituted by liberals way back when to be used for nefarious purposes today.   Or, was it good, honest, deliberative reasoning having its roots in liberty, perhaps against a tyrannical or tone deaf legislature.

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The initiative petition process is equally open to conservatives who are not being heard by the legislature.  Perhaps a motivated anti-abortion petition could be waged by pro-life organizations, or perhaps they want to just hope and pray for the sufficient number of legislators to be elected to get their cause made law.

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The process is not flawed!   Supporting the initiative petition process embodied within the Idaho Constitution is not the problem.  If the initiative process is being taken advantage of on the “issue,” than it is the responsibility and duty of the opposition to fully confront via soapboxes and LTE’s to persuade the public of the unpleasantness of the petition issue.   Defeat of bad initiative petitions is obtainable, but requires effort, public display, and leadership.   If such legislators are unwilling to engage to defeat bad initiative petitions, than it is they who might be the problem, not the parameters of the process.

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I would like my friend --------- to  further explain --- facebook post by identifying which Republicans are accused of supporting Reclaim Idaho, as I suspect it may include me erroneously, as I acutely understand the subtle difference between the process and the issue.

 

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Resolution – Idaho Fish and Game Residency Status

Resolution #:   2017 - 05

Resolution Author:           Daniel C. Rose

Resolution Presenter:      Daniel C. Rose, et al

 

Whereas, “We believe in equal rights, equal justice and equal opportunity for all, regardless of race, creed, sex, age or disability,” IDGOP;

 

Whereas, Article I., section 23 of the Idaho Constitution - SECTION 1. INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety;

 

Whereas,  Article I., section 23 of the Idaho Constitution - THE RIGHTS TO HUNT, FISH AND TRAP. The rights to hunt, fish and trap, including by the use of traditional methods, are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people…;

 

Whereas, I.C. 34-402.  Qualifications of electors. Every male or female citizen of the United States, eighteen (18) years old, who has resided in this state and in the county for thirty (30) days where he or she offers to vote prior to the day of election..., is a qualified elector;

 

Whereas, I.C. 49-119.  Definitions — (12) "Resident" means for purposes of vehicle registration, titling, a driver’s license or an identification card, a person whose domicile has been within Idaho continuously for a period of at least ninety (90) days, excluding a full-time student who is a resident of another state. A person, including a full-time student who has established a domicile in Idaho may declare residency earlier than ninety (90) days for vehicle registration, titling, driver’s license and identification card purposes;

 

Whereas, Title 36- 202(s) Definitions - "Resident" for hunting, fishing and trapping purposes -  means any person who has been domiciled in this state, with a bona fide intent to make this his place of permanent abode, for a period of not less than six (6) months immediately preceding the date of application for any license, tag, or permit required under the provisions of this title or orders of the commission;

 

Whereas, Title 36-202(s)(3) Definitions – A “resident” member of the military service of the United States or of a foreign country, together with his spouse and children under eighteen (18) years of age residing in his household, who have been officially transferred, stationed, domiciled and on active duty in this state for a period of thirty (30) days last preceding application shall be eligible;

 

Whereas, the Idaho hunting / fishing / combination license fees cost at least 700%, and big game tags 1000% more for a non-resident status license as compared to resident status; 

 

Whereas, Angelo Lonzisero, a citizen of Bonner County has drafted Fish and Game law with Idaho Legislative Services Office, and sponsored by Representative Scott,

 

THEREFORE BE IT RESOLVED, that the Bonner County Republican Central Committee requests that  the Idaho Legislature standardize the “residency” requirement pertaining to Fish and Game licensing to 30 days for all applicants, so that a “resident” of Idaho experiences all applications of resident status uniformly, or, strike Title 36-202(s)(3), Title 36-202(s)(4) and Title 36-202(s)(5).

 

 

 

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