Lawsuit over ITD headquarters sale highlights rift between Idaho Gov. Little, AG Labrador

Ian Max Stevenson, Idaho Statesman

BOISE (Idaho Statesman) — A conflict complete nan waste of authorities spot successful Boise has inflamed an ongoing feud betwixt Gov. Brad Little and Attorney General Raúl Labrador complete Labrador’s domiciled arsenic nan state’s apical lawyer.

After Labrador’s agency responded to a suit revenge by a group of developers against nan state, tensions betwixt nan 2 offices this period prompted nan politician to substitute an extracurricular backstage lawyer for nan lawyer general’s lawyers.

Three developers who arranged to acquisition nan 44-acre Idaho Transportation Department field connected State Street successful Boise and move it into a ample mixed-use improvement sued nan authorities successful April aft nan Idaho Legislature took nan matter into its ain hands and nixed nan deal. The developers’ suit called nan Legislature’s actions unconstitutional and asked nan Idaho Supreme Court to quickly intervene to reverse it. The suit was besides revenge against nan Board of Examiners, which examines claims against nan state, nan Department of Administration and ITD.

The Idaho Supreme Court has scheduled oral arguments for August, aft nan caller laws to revoke nan woody are scheduled to spell into effect connected July 1.

As nan lawyer general, Labrador mostly represents nan state’s ineligible interests successful court. He’s besides 1 of 3 voting members of nan Board of Examiners, on pinch Little and Secretary of State Phil McGrane. In an first May 15 filing connected behalf of nan state, Labrador’s attorneys had based on that nan Idaho Supreme Court could not unit nan authorities to waste spot it nary longer wants to sell, and that nan tribunal does not person jurisdiction to norm connected nan law question.

“The tribunal should not unit nan authorities to waste spot it nary longer wants to waste and is not obligated to sell,” wrote Alan Hurst, solicitor wide for nan lawyer general’s agency successful a filing.

But 2 days aft Labrador’s filing, Little designated Joan Callahan, an lawyer pinch Boise patient Naylor & Hales, to correspond ITD and nan Department of Administration successful nan suit aft consulting pinch Labrador, according to a missive from Little. Callahan connected Wednesday notified nan tribunal that she would beryllium representing nan 2 agencies going forward.

Callahan’s argument, submitted connected Wednesday, differed markedly from nan lawyer general’s: She based on that nan caller fund bills conflict pinch wide authorities spot law, which person put nan 2 agencies successful a difficult position. Trying to revoke nan field waste successful a fund measure was a “hallmark” of a usurpation of nan authorities constitution’s request that bills person a azygous subject, she wrote.

She noted that because nan ITD field was antecedently declared “surplus property,” it was transferred to nan Department of Administration to dispose of. Since nan fund bills that revoke nan waste are only progressive for 1 fiscal year, it is unclear what would hap to nan spot erstwhile nan adjacent fiscal twelvemonth ends adjacent summer.

Unless nan tribunal rules connected nan caller laws’ constitutionality, nan agencies will beryllium near “to contend pinch uncertain, incongruous and revolving ineligible mandates.”

Little disputes Labrador’s ineligible arguments

According to Little’s office, nan lawyer general’s first responses were not vetted by nan remainder of nan Board of Examiners.

“The politician has learned that a little and reply were revenge connected behalf of nan Board of Examiners successful nan suit earlier nan Idaho Supreme Court,” spokesperson Madison Hardy said successful an email. “The filings were neither presented to nor approved by nan committee anterior to filing.”

McGrane “did not go alert of nan suit until aft nan filing had been made” and hopes nan committee is removed from nan lawsuit, a spokesperson for McGrane, Chelsea Carattini, told nan Statesman successful an email. Carattini declined to explain nan timeline further.

The Board of Examiners were briefed connected nan ineligible matter Tuesday and had different executive convention astir nan suit Friday, but took nary nationalist action.

The lawyer general’s agency has disputed Little’s characterization of nan ineligible matter and said that Labrador’s and Little’s unit had discussed nan ineligible arguments Labrador’s agency planned to coming earlier they were filed.

Dan Estes, Labrador’s spokesperson, told nan Statesman that nan lawyer wide was fixed 2 weeks to respond to nan lawsuit, which nan governor’s agency was alert of. The Board of Examiners, which Little chairs, did not person its regular monthly gathering scheduled during that timeframe.

“He was informed of our ineligible strategy astatine slightest 1 week earlier nan little was due,” Estes said. “As nan chair of nan Board of Examiners, nan politician had ample opportunity to telephone a typical gathering but grounded to do so. Similarly, he could person vetoed nan authorities that triggered nan lawsuit. It’s funny that his agency is trying to blasted nan Office of nan Attorney General for nan governor’s nonaccomplishment to enactment promptly connected his desired argumentation outcomes.”

Idaho Legislature cancels ITD HQ waste

State leaders had planned for 2 years to relocate ITD’s office to a authorities analyzable connected Chinden Boulevard, and nan Department of Administration — portion of nan executive branch — accepted bids for nan spot past year. Boise-based Hawkins Cos. and The Pacific Cos. and Utah-based FJ Management submitted nan highest bid of $52 cardinal and were announced arsenic nan winners successful September.

But earlier a last statement could beryllium signed this spring, lawmakers worked to reverse people and inserted connection that revoked nan waste into fund bills for ITD and nan Department of Administration. Supporters of nan effort to cancel nan woody — including House Speaker Mike Moyle, R-Star, who intervened successful nan suit — said it would costs Idaho much to proceed pinch nan waste and relocate nan authorities agency’s office building, which besides includes offices of nan Idaho State Historical Society.

Opponents countered that millions person already been spent preparing for nan move, said nan projected fund bills violated nan Idaho Constitution by putting argumentation directives into appropriations, and feared reneging connected a pre-arranged woody would wounded nan state’s reputation. Senate President Pro Tem Chuck Winder, R-Boise, called nan effort to undo nan waste “so acold retired of line.”

“This is simply a elevation I want to dice connected if I person to,” Winder said during statement astatine nan Capitol.

The woody became an inflection constituent of this year’s legislative session. In nan waning days of nan session, nan Senate rejected 1 of nan fund bills that would person revoked nan waste and sent it backmost to nan fund committee. But a fewer senators relented days later and passed a new, astir identical type successful a adjacent vote. Winder, a 16-year seasoned of nan Senate, mislaid his superior re-election bid Tuesday successful a awesome upset.

Little did not motion nan 2 fund bills but did not veto them either, allowing them to go law. In a missive to lawmakers, he wrote nan reversal would costs much money and “unfairly cancels an agreed upon income process, causing early reputational consequence for nan state.”

Not a ‘Yes man,’ Labrador promised

The lawyer wide is required by rule to correspond nan state, including authorities agencies and officials, successful astir ineligible matters. His agency tin besides supply ineligible counsel to nan Legislature if requested.

But nan lawyer wide is himself an elected charismatic who sits connected respective authorities boards — a building that raises questions astir conflicts of interest. In immoderate instances, authorities rule tasks nan lawyer wide pinch representing authorities agencies while astatine nan aforesaid clip enforcing nan laws those agencies must follow.

That building has besides raised concerns for lawmakers, who this twelvemonth enacted a rule to region nan lawyer general’s agency from its domiciled representing nan Idaho Department of Lands. The section is connected to nan authorities Land Board, of which nan lawyer wide is simply a member.

Senate Majority Leader Mark Harris, R-Soda Springs, who sponsored nan bill, feels nan existent rule “gives nan agency of nan AG a ft connected some sides of nan fence,” Harris said. “I deliberation location should beryllium immoderate grade of separation.” He provided an illustration of a disagreement nether nan erstwhile lawyer general, Lawrence Wasden, erstwhile a lawyer employed nether Wasden to correspond nan Department of Lands thought a rule astir mineral leases, passed by nan Legislature, was unconstitutional.

In 2019, Wasden besides investigated nan Public Charter School Commission, a committee his agency represented, for an unfastened gathering rule violation.

A proviso of Idaho rule grants nan politician authority to petition to person different practice aliases moreover an extracurricular lawyer erstwhile he believes nan lawyer general’s provided lawyer is ineffective.

Since he became lawyer wide past year, Labrador has fought successful instances pinch authorities agencies he is tasked pinch representing. Labrador initiated investigations of kid attraction assistance programs astatine nan Department of Health and Welfare, which resulted successful litigation. The lawyer wide besides sued nan State Board of Education, different client, complete concerns he had astir its closed-door discussions to o.k. nan University of Idaho’s acquisition of nan University of Phoenix.

Labrador campaigned against Wasden by promising to not beryllium a “yes man” for Little.

The lawyer wide has maintained that nan Legislature has fixed him conflicting duties, arsenic some a typical of authorities agencies and an enforcer of authorities laws. His situation against nan State Board of Education was complete nan state’s unfastened meetings law. If he arsenic lawyer wide can’t enforce nan unfastened meetings law, “who other is going to do it?” he told a Senate committee successful February.

Little and Labrador butted heads past year, too, erstwhile documents showed nan lawyer general’s agency had decided to subordinate 1 Texas suit challenging national h2o authority and not different West Virginia 1 without first informing nan governor, according to reporting successful nan Associated Press. The Texas suit scored an early tribunal triumph weeks aft Labrador joined it, which was later cited successful a akin injunction successful nan West Virginia case.

Reporter Nick Rosenberger contributed.