Land use decisions tarnished by campaign contributions
Research by Project 7B shows a pattern of ethics violations by the Bonner County commissioners in relation to land use decisions on behalf of a local land developer. The research also shows that some decisions were made after county attorney Bill Wilson was aware of the violations.
This fall, the district court overturned a decision by the Bonner County Board of Commissioners to rezone 60 acres near Jewel Lake to 5-acre parcels, from 10-acre minimum lot size, due to ethics violations on the part of two commissioners.
The rezone application from Mirror Lake LLC was heard by the commissioners on April 29, 2022, after it had been remanded from district court. The neighbors who were opposing the rezone had hired attorney Norm Semanko, who at the hearing stated, as a former elected official himself, he recognized a potential conflict of interest and found it “appropriate to disclose receipt of campaign contributions by an applicant.”
Both commissioners Dan McDonald and Jeff Connolly disclosed that Jacob Weimer, registered agent of Mirror Lake LLC, Jewel Lake, LLC and a director of JD Lumber, had contributed to their campaigns. Both voted to approve the rezone, which had been requested by Mirror Lake LLC.
The neighbors again prepared to file for judicial review by district court. Meanwhile, Mr. Semanko further researched the conflict and determined that the campaign contribution was covered in both the Idaho Associations of Counties “Ethics in Government” and Subsection (3) of Idaho Code Section 18-1356, which both prohibit county commissioners from “accepting a pecuniary benefit from anyone who has an interest in a matter pending” before them. Campaign contributions are considered pecuniary. Commissioner McDonald had not run for reelection and the contribution to his campaign was back in 2018.
In an email to county attorney Bill Wilson dated May 9, 2022, Mr. Semanko, citing the ethics violation, asked the BOCC to vacate the decision on the Jewel Lake rezone. He noted he had spoken with Deputy Attorney General Brian Kane and Mr. Kane agreed it was the “appropriate recourse.” While the violation is technically a misdemeanor, the normal action for a violation is vacation of the decision. A public records request shows that County Prosecutor Louis Marshall had multiple communications with Mr. Kane and, subsequently, the county agreed to vacate the file.
Despite this, on a July 12 consent agenda, the BOCC approved a Minor Land Division (MLD) by the same applicant, Mirror Lake LLC, to allow four 5-acre parcels on the same property where this rezone was under review by the courts and had come to the attention of the state attorney general.
On Sept. 19, 2022 the district court ordered the file be vacated without remand. The court did not send the file back to the BOCC, because Commissioner Steven Bradshaw also received campaign contributions from the applicant. Because both commissioners Connolly and Bradshaw had been receiving campaign contributions during the timeframe the file was before them for a decision, both would require recusal and hence, there could be no quorum.
Even though the court has overturned the rezone, the MLD still is shown platted at the 5-acre density on the county’s property map. The county commissioners have yet to pass a resolution vacating the Jewel Lake rezone or the Jewel Lake MLD
Although Wilson and, presumably, Commissioner Bradshaw were aware of the ethics violation, neither Bradshaw nor Wilson disclosed Bradshaw’s own conflict of interest on July 12, 2022, when McDonald and Bradshaw (Connolly was absent) presided over an appeal hearing for another MLD, this time filed by Jewel Lake LLC, also a Weimer-family company, regarding Sanborn Creek Estates MLD north of Priest River.
Jewel Lake LLC had applied for the MLD (a subdivision up to four lots) on April 12, 2022. The Idaho SOS Campaign Finance Portal shows the applicant contributed $200 to Bradshaw one week later, on April 19. The application was denied administrative approval by the planning department for not meeting Bonner County code. A Bonner County planner noticed that the MLD was adjacent to other properties owned by LLC’s controlled by the Weimer family. One property was another MLD. The Weimers have mass holdings in Bonner County under multiple LLCs, including Gold Cup LLC, Mirror Lake LLC, JD Lumber, Jewel Lake LLC and McGee 1 LLC.
According to Bonner County code, contiguous MLDs “by using a series of owners or conveyances or any other method” are not allowed, because any land division over four lots needs to go through a more rigorous short plat or subdivision review process.
The language prohibiting contiguous MLDs was added last year to close a loophole after it was found that developers were abusing the relatively new, streamlined MLD option by applying for multiple MLDs instead of a subdivision application. Jewel Lake LLC appealed the denial and, at the July 12 appeal hearing, Bradshaw and McDonald overruled the planning department and approved the MLD.
From April 3, 2020, to April 26, 2022, Jacob Weimer (in his own name and as director of JD Lumber) donated $1,450 to Bradshaw and $3,000 to Connolly. In that time, the BOCC approved at least six MLDs, vacated a portion of Thama Road and approved the Jewel Lake rezone for Weimer-associated entities.
In the Thama Road case, all three commissioners disclosed at the Oct. 27, 2021, hearing that they had received donations from JD Lumber, the applicant. Yet all three voted to approve the road vacation.
At the July 12, 2022, BOCC business meeting, when all three commissioners approved Jewel Lake MLD, Bradshaw also voted to approve an updated retainer with Davillier Law Group. From Aug. 16, 2021, through April 6, 2022, George Wentz, a partner in Davillier Law Group had donated $4,000 to Bradshaw.
SUSAN DRUMHELLER
Sandpoint