District Court Judge David C. Nye has ruled that Power County commissioners Delane Anderson, Ronald Funk and Vicki Meadows violated the Idaho Constitution and exceeded their statutory authority by hiring outside counsel.

    The court further found that county commissioners acted arbitrarily and capriciously, abused their discretion and failed to properly follow lawful procedure when the 2012 budget was approved under the facts of the legal proceeding.  

    When sworn into office, all elected officials pledge under oath to support the constitution and lawfully discharge to duties of the office.

    Elected Prosecutor F. Randall Kline challenged in court the authority of the commissioners to hire and pay for outside legal counsel. The Idaho attorney general has issued two opinions clarifying that particular jurisdictional issue; the commissioners lack authority to hire outside attorneys.

    Kline had consistently advised the commissioners that they, pursuant to the Idaho Constitution, lack that authority. In order to enforce the rule of law, Kline legally challenged the commissioners actions in contracting and paying for outside attorneys. Nye found in favor of the prosecutor’s challenge.

    Nye stated in his ruling, “The commissioners can not create a self-made necessity by refusing to adequately fund the prosecuting attorney’s office, particularly when that funding is available but is diverted to outside counsel.” Therefore, “the contract with outside counsel is invalid.”  

    The court found that the budgeting process was legally flawed, with no salary worksheets prepared and available at the time of public hearing. The matter was remanded for action consistent with the court’s decision.  

    It is the obligation of the commissioners to act in good faith, to determine the funding needs of the other elected officials to fulfill their constitutional and statutory authority, and thereby set the budget accordingly. The failure of the commissioners to have salary worksheets available makes the budgeting process invalid as well. Kline prevailed on that legal challenge as well.

    Kline stated that the Idaho Supreme Court recently ruled in another case that county commissioner’s authority is limited and they cannot act except in strict accordance with the mode provided by statute.

    Nye also found that the substantial rights of the citizens have been prejudiced because the commissioners have improperly used county funds to hire private counsel. The commissioners spent about $40,000 to defend themselves from the prosecutor’s challenge and more than $180,000 in contracting.