BCRCC to Consider Censure Vote of 2 Bonner County Commissioners

Sep 6, 2023 | Uncategorized

BCRCC to consider censure vote against two Bonner County Commissioners.

On Tuesday evening, September 19, 2023 at 6:30 PM at the Ponderay Events Center the Bonner County Republican Central Committee will consider allegations by some of the BCRCC members against two Republican Bonner County Commissioners that could lead to a censure vote by the BCRCC. The following is the specific list of grievances by the listed members of the BCRCC against commissioner Steven Bradshaw.

BCRCC Petition of REPUBLICAN Grievances against BoCC Chairman Steven Bradshaw

The following Bonner County Republican Central Committee members / Petitioners, numbering at least 20% of the BCRCC membership, including but not limited to:

Kathleen Rose, Holly Vidmar, Dodie Glass, Monique Hutchings, Daniel Rose, Dimitry Borisov, Lisa Liband, Chris Anderson, Spencer Hutchings, Nello “Mark” Montani, Doug Paterson, Lora Adams, John Weyant

Do Respectfully request that BCRCC Chairman Scott Herndon immediately accept the Petition and initiate and execute, without haste, each step of Article XX of the IDGOP Rules, passed June 23, 2023 at the IDGOP Summer Convention, by providing Notice to Commissioner Bradshaw and scheduling this meeting to the BCRCC September 19, 2023 monthly meeting Agenda.

Elected Official:               BoCC Chairman, Steven Bradshaw, Bonner County District 1 Commissioner

Bonner County Administration Building 1500 Hwy 2, Suite 338, Sandpoint, ID

Facts:

  1. Commissioner Bradshaw swore to and signed an Oath of Office on January 11, 2021.
  2. In April 2023 the individual members of the BoCC received a legal opinion regarding the First Amendment protections of citizens related to Bonner County regular business meetings public comment participation.
  3. In May of 2023, the BCRCC passed unanimously a Motion of No Confidence on Commissioner Steven Bradshaw which was subsequently distributed to Bonner County media outlets and published as a Press Release.
  4. On June 27, 2023 The Board of County Commissioners (BoCC) opened a Regular Business Meeting pursuant to a Notice of Meeting and Notice of Agenda items, see attached. https://www.bonnercountyid.gov/media/Commissioners/Meetings%20&%20Agendas/2023%20Meeting%20Agendas/2023_0627_BOCC_MTG_Agenda.pdf
  5. The BoCC meeting on you-tube had over 800 views, as of July 1, 2023.
  6. BoCC Chairman at the very start of the BoCC regular business meeting, unilaterally and indefinitely, suspended the Public Comment section of the Agenda, which exists in accordance with Bonner County Ordinance 1-200(A-C), which supports and confirms Idaho Code 74-201, which supports and confirms Idaho Constitution Art. 1, sect 1 and Art. 1, sect 10, which supports and confirms IDGOP Rule Art. XIII, sect. 1 & 2, and IDGP Platform Art 2, section 1, see all below for the participation and protection of Bonner County citizens.
  7. Commissioner Williams Appealed the unlawful and unilateral decision of the BoCC Chair, which was unceremoniously dismissed by Chairman Bradshaw.
  8. The BoCC Vice-Chairman, Commissioner Omodt refused to acknowledge Commissioner Williams’ Appeal, thus consenting to the unlawful act of the BoCC Chairman.
  9. No BoCC vote was taken to recess or suspend indefinitely public comment, thus a majority of the BoCC was never obtained, an act of nonfeasance.
  10. Actions toward unruly behavior, or, derogatory comments are identified in BoCo Ordinancee 1-200A, removal of the individual, not elimination of Idaho and Bonner County public policy.
  11. Upon return from an hour long recess, the BoCC reached the agenda item BoCC – Commissioner Bradshaw items: 1) public comment, and 2) streaming You-tube meetings.
  12. Commissioner Bradshaw, again recessed the meeting without good cause, or a majority vote of the BoCC. Commissioners Omodt and Bradshaw, together, walked out of the conference meeting room, another act of nonfeasance.  
  13. The BoCC never returned this day to the Conference Meeting Room to finish the Noticed Agenda items of Bradshaw and Omodt, which included: 1) public comment, and 2) streaming You-tube meetings, and 3) RV Campground Grant information update.
  14. The above was conducted with BoCC and public knowledge, since last week’s BoCC meeting, of a denial by Idaho Dept. of Parks and Recreation  of a grant extension decision and misfeasance of a Veteran Service Officer salary payment. 
  15. Retribution upon the public appeared to be convenient, premeditated, and long lasting causing the loss of citizen rights to at least 40-60 persons regularly attending in-person and by various technological methods. https://redoubtnews.com/2023/06/watch-commissioner-goes-on-tirade-against-the-public/
  16. Subsequent to the BoCC regular business meeting, Chairman Bradshaw engaged in behavior that meets the criminal elements of Assault, IC 18-901(b) and/or Disturbing the Peace IC 18-6409(1) of a citizen known to most of the frequent BoCC meeting participants.
  17. Social media video site, Rumble, had over 2,000 views, as of July 1, 2023.
  18. Commissioners often engage public comment presenters, which fuel any fantastic unruliness, a self-fulfilling prophesy, if you were to mistakenly deem instructing their representatives as unlawful, inappropriate, or, of BoCC inconvenience.

Idaho Constitutional violations:

Art. 1, Section 2.  POLITICAL POWER INHERENT IN THE PEOPLE. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same whenever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the legislature.

Art. 1, section 10 – ARTICLE I DECLARATION OF RIGHTS, Section 10.  RIGHT OF ASSEMBLY. The people shall have the right to assemble in a peaceable manner, to consult for their common good; to instruct their representatives, and to petition the legislature for the redress of grievances.

 

Code violations:

Idaho Code 74- TRANSPARENT AND ETHICAL GOVERNMENT     OPEN MEETINGS LAW

74-201.  FORMATION OF PUBLIC POLICY AT OPEN MEETINGS. The people of the state of Idaho in creating the instruments of government that serve them, do not yield their sovereignty to the agencies so created. Therefore, the legislature finds and declares that it is the policy of this state that the formation of public policy is public business and shall not be conducted in secret.

History:

 

59-401.  LOYALTY OATH — FORM. Before any officer elected or appointed to fill any office created by the laws of the state of Idaho enters upon the duties of his office, he must take and subscribe an oath, to be known as the official oath, which is as follows… see signed oaths on file.

 

 18-901.  ASSAULT DEFINED. An assault is:  (a)  An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or

(b)  An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

History:

 

18-6409.  DISTURBING THE PEACE. (1) Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood, family or person, by loud or unusual noise, or by tumultuous or offensive conduct, or by threatening, traducing, quarreling, challenging to fight or fighting, or fires any gun or pistol, or uses any vulgar, profane or indecent language within the presence or hearing of children, in a loud and boisterous manner, is guilty of a misdemeanor.

Bonner County Ordinance violations:

1-200: PURPOSE:

This chapter is enacted for the purpose of establishing a regular meeting schedule for the Bonner County board of commissioners in order that board activities can be carried out with greater public participation and awareness. (Ord. 192, 4-9-1990)

  1. Regular Meeting: The purpose of the regular business meeting is for the board of county commissioners to conduct the business of Bonner County publicly. Regular business meetings do not constitute public hearings wherein the public has the right to be heard on every agendized item. However, at the discretion of the chair, everyone may be afforded an opportunity to speak on a particular issue, if recognized by the chair. Any unrecognized comments or disruptive behavior will be grounds for removal from the board meeting by the chair and may subject the person being removed to criminal prosecution according to law.
  2. Public Comment Segment: The purpose for the public comment segment of the board of county commissioners business meeting is to enable citizens with issues or concerns which they wish to bring to the board’s attention and afford an opportunity for consideration on a future agenda for possible board action.  The board will not engage in dialogue with the presenter during this session, but rather may choose to schedule the presenter’s topic for board consideration at a future business meeting. Questions may be directed to individual board members for the purpose of clarifying issues or to obtain additional information for the purpose of scheduling the matter for a future business meeting. However, no action will be taken on any issue or concern brought to the board’s attention during this session. The chair will not entertain under any circumstance comments derogatory in nature toward any board member, staff member, elected official or member of the public. (Ord. 408, 5-31-2001).

 

  1. Procedure For Calendaring Item For Consideration By The Board: The procedure for calendaring shall be determined annually and set forth in the annual regular meeting notice. Further, the procedure shall be posted at the board of county commissioners’ office. (Ord. 545, 4-14-2015)

1-202: REGULAR MEETINGS:

  1. Regular business meetings of the board shall be held weekly on Tuesday, commencing at nine o’clock (9:00) A.M. until the conclusion of business or until continued to a later time and date by a majority vote of the board, excepting when such days occur on regular holidays….

 

IDGOP Rule violation:

ARTICLE XIII: INTEGRITY IN AFFILIATION Section 1: We, as Idaho Republicans, expect all individuals in government at all levels, including elected officials, to conduct themselves within the highest and strictest standards of personal conduct in carrying out their duties. Section 2: The people of Idaho demand leaders who will uphold their oath of office and the Constitution and are accountable to the people who elect them.

 

IDGOP Platform violation:

ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT The Idaho Republican Party believes that government works best when its citizens become actively involved. The Party encourages all citizens to engage in healthy debate on all issues that will increase citizen control of government. Section 1: We encourage all citizens to educate themselves in constitutional government and to be full participants in the political process.

 

Behavior violations:

Disrespect toward various constituents, who may wish to identify themselves prior to the formal BCRCC interview / elected presentation / BCRCC hearing meeting, and toward elected officials: Commissioner Williams, Sheriff Wheeler, and Clerk Rosedale between January 10,2023 and June 27, 2023 is often committed and/or permitted by Commissioner Bradshaw.

Course of Action:

Invitation to Commissioner Bradshaw to present at the BCRCC to answer the above allegations.

Authority:

  1. BCRCC Bylaw Article II, section 1
  2. IDGOP Rules, ARTICLE XX: IDAHO REPUBLICAN PARTY PLATFORM ENFORCEMENT Section 1. The Idaho Republican Party is a private organization dedicated to the promotion of certain political ideals, primarily by supporting candidates who pledge to support the United States and Idaho Constitutions and the Idaho Republican Party Platform under Article XIII of these Rules. The support from this Party is very beneficial to those who make such a pledge and once elected, keeping that pledge is paramount to the integrity of the Party and the confidence of the voters who elected them. Section 2. Without enforcement, the expressed principles of the Party are nothing more than ideals and philosophy. Republican legislators have, at times, defied their pledge and oath, voting on legislative matters substantially contrary to the Party’s expressed platform and constitutional principles. Republican Constitutional officers also have, at times, conducted their offices contrary to Republican and constitutional principles.

Section 3. The Idaho Republican State Central Committee, Legislative District Committees, and County Central Committees are hereby empowered to call into question the conduct of a Republican elected official; give fair consideration to alleged violations and provide a meaningful opportunity for the official to be heard; determine if substantive violations of Party Platform or Constitutions have occurred; provide censure and/or guidance upon the first determination of substantive violations; and for any substantive violations by the same elected official occurring after the first determination has issued and following the same procedures outlined below, may remove Party support and prohibit the use of Republican Party identifiers on campaign information and advertising from the elected official during their current term and any subsequent campaign for political office for a period of five (5) years. a) The Idaho Republican State Central Committee, by petition to the State Chair from at least 20% of Central Committee members from at least 5 counties, shall call a US Senator for Idaho, a US Representative for Idaho, or an Idaho State constitutional officer to a Republican State Central Committee meeting to answer the alleged violations. Within ten (10) days of receipt of the petition, the State Chair shall notify the elected official of the petition and set a date for a meeting to determine the merits of the petition not more than one hundred (100) days or less than forty (40) days from receipt of the petition. The meeting may be in conjunction with a regular meeting of the State Central Committee or at a Special Meeting. 2023 IDGOP Summer Meeting State Central Committee Accepted Rules Page 4 b) An Idaho Legislative District Committee, by petition to the Legislative District Chair from at least 20% of its Legislative District Committee members, shall call an Idaho State Legislator representing that District to a Legislative District Committee meeting to answer alleged violations. Within ten (10) days of receipt of the petition, the Legislative District Chair shall notify the legislator of the petition and set a date for the meeting to determine the merits of the petition not more than one hundred (100) days or less than forty (40) days from receipt of the petition. The meeting may be in conjunction with a regular meeting of the Legislative District Committee or at a Special Meeting.

  1. c) A County Central Committee, by petition to the County Chair of at least 20% of County Central Committee members, shall call an elected county official of that county to a County Central Committee meeting to answer the alleged violations. Within ten (10) days of receipt of the petition, the County Chair shall notify the elected official of the petition and set a date for the meeting to determine the merits of the petition not more than one hundred (100) days or less than forty (40) days from receipt of the petition. The meeting may be in conjunction with a regular meeting of the County Central Committee or at a Special Meeting. Section 4. The elected official called to answer the alleged violations may, at their discretion, appear in person or by video, if the video system provides two-way communication between the official and the committee and video conferencing is available at the venue where the meeting is to be held. Section 5. At the meeting, one or more of the petitioners will present the alleged Party Platform or constitutional violation(s). The responding elected official shall be afforded adequate time and opportunity to answer the alleged violations.

Section 6. The State or County Central Committee or the Legislative District Committee, after fair consideration of the merits of the petition and the response, if any, by the elected official, shall make a determination of the merits of the petition. If this is the first time the elected official has been called to answer for violation(s) a simple majority vote of the Committee members present is required to provide censure and guidance to the elected official. If this is a subsequent time the elected official has been called to answer for violation(s) which occurred after the first determination of censure, a super majority vote of sixty (60) percent of the Committee members present is required to remove Party support and prohibit the use of Republican Party identifiers on campaign information and advertising from the elected official during their current term and any subsequent campaign for political office for a period of five (5) years. Section 7. If a Committee determines to censure an elected official, or upon subsequent determination, remove Party support and prohibit the use of Republican Party identifiers on campaign information and advertising from the elected official during their current term and any subsequent campaign for political office for a period of five (5) years, the State Party shall publish the same on the State Party website. It shall be the duty of the State Party to maintain a website page, publicly accessible, of any such determinations made by the respective Committees