AMERICAN FALLS — Power County Prosecuting Attorney Randy Kline “strikes again” in the words of Power County Commissioner Delane Anderson, as he has filed two more petitions for judicial review. The one filed on Sept. 20, is against the Power County Commissioners and then another on Sept. 26, against Doug Balfour in the nature of quo warranto.

    In his lawsuit against the county commissioners, he is appealing the 2013 county budget that was approved on Aug. 27. He is suing for a 29 percent salary increase over the approved three percent that was budgeted for all county personal.

    Kline is also suing for not funding a deputy prosecutor at $35,000 a year. Currently the county pays a total of $17,000 per year to legal council on an as needed basis.

    He is also suing for funding a coalition group contracted consultant for services to protect prime agriculture land and prime recreational property from transmission lines, said Anderson. The attorney in question is Doug Balfour.

    And finally he is suing the commissioners and trying to collect money from their personal bank accounts. Kline states in court papers that the commissioners should be individually liable for all payments to outside counsel done in violation of the Idaho Constitution and in excess of the commissioner’s statutory authority.

    In the suit against Doug Balfour, Kline states, “the board of county commissioners may not contract with an attorney, to perform work of the prosecuting attorney, as that would create an ‘office’ unknown and at law and beyond the authority of the board of commissioners.”

    He also states where Balfour has represented the Power County Board of Commissioners with appeals regarding power lines and tribal jurisdiction, that these are duties of the elected prosecutor and is being paid for with county funds.

    On Sept. 24, Balfour entered into a year services contract with the Power County Commissioners to be paid $100 per hour for the first 10 hours a month, and the $135 per hour thereafter. He also included a paralegal service fee of $60 an hour.

    Kline is seeking damages to be awarded against Balfour and that the court find he has been working without the proper authority and has usurped duties of the elected prosecuting attorney.