Wheeler calls on court to require vote on expansion plan

SANDPOINT - A plan to construct a juvenile detention center and minimum-security jail would place an unconstitutional liability on Bonner County, according to court documents filed by Republican sheriff's nominee Daryl Wheeler.

Wheeler, as a taxpayer and voter, has filed a motion to dismiss the county's petition for judicial confirmation of the renewable long-term leases being proposed along with the facilities.

The county is asking a district judge to review the legality of the leases and agreements before making a final decision on how to proceed with the $10 million capital improvement project to build a 32-bed juvenile lockup and a 60-bed work release center.

Judge Charles Hosack is scheduled to take up the county's petition at 9:30 a.m. on Monday.

County commissioners are contemplating bypassing voter approval of the projects because they would not result in a tax hike. Under the proposal, Rocky Mountain Corrections would construct the facilities and lease them back to the county with an option to buy. The cost of operations, in addition to the lease payments, would be covered by renting out excess bed space in the facilities and collecting inmate fees.

Moreover, the long-term lease agreements have a renewal clause, which means future boards could opt out of the accords.

An article of the Idaho Constitution prohibits political subdivisions from incurring debts or liabilities without voter approval. An exception to the rule is allowed when it involves “ordinary and necessary” expenses authorized under state law.

But Wheeler disputes that the projects rise to the level of “ordinary and necessary” and maintains that renewal clause is insufficient to bypass the constitutional provision because the agreements' attendant liabilities will bind future boards even if they opt out.

Wheeler argues pre-lease terms and conditions already approved by the commission would require it to compensate Rocky Mountain if it withdraws from the plan. The county would also be on the hook for the cost of construction delays and cost overruns.

“The Agreements create liabilities that would survive non-renewal based on non-appropriation,” Wheeler said in the motion, which asks the court to force the county to put the proposal to a vote.

Wheeler faces Democrat sheriff's nominee Larry Hanna in the general election. Hanna has also come out against the project.