HomeMy Public PortalAboutMinutes_CCMeeting_08291996CITY COUNCIL MEETING AUG. 29.1996 AT 7:15 P.M.
PRESENT: Mayor.
Sorenson. Craig
Johnson.
VISITORS: None
Karen Hansen. Ron Nelson. Betty AcKiniay. Deb
Rockwood. Dee Johnson. Dave Huntsman. Ross
The Minutes were presented for approval. Dave wanted to discuss
the wording of what Be had commented on about the Idaho Fails
Parade. After changing the wording. Deb motioned to approve the
Minutes and Craig 2n4. Ail were in favor.
The Financial Report was discussed and the Delinquent Water
Bills.
The follow lg Bills were presented for payment:
WATER GENERAL
Eagle Press
BEI
Forsgren
At & T
6-12 Store
U S West
Falls Plumbing
Commnet
Utah Power
Assoc.
63.00
42.50
26.00
10.15
103.83
126.15
132.18
63.64
3703.84
Jim's Tree Service
Directive Data
holden_ Kidwell
Post Register
K-Mart
Colombia Paint
CAL
Bob's Insulation
Fred Pryor Seminars
Ricks College
Craig Rockwood
BMC West
Utah Power
Pacific Recycling
Inter. Mt. Gas
id. Sporting
Ace Hardware
650.00
20.00
200.00
5.67
10.65
659.55
7:.50
11.70
198.00
15.00
31.20
83.89
348.36
42.00
21.06
15.70
7.96
Deb motioned to pay the bills with the exception of Evergreen
Sprinkler System. Ross will follow up on this Pill. Dave 2116
the motion. Ali were in favor.
Craig motioned to approve the Annual Appropriation Ordinance. the
Budget, for the Fiscal Year beginning Oct. 1. 1996. appropriating
the sum of S305.654. Dave 2nd the motion. Ali were in favor.
The Council approved Draney & Searle to do our Audit Report.
The rev Sect Law Enforcement Agreement, was discussed. Dave would
like to see AIC (Association of Idaho Cities) enforce police
protection. Craig suggested Dale Storer. our Attorney. writing
up a. statement to send to the Legislature. aye need to keep our
good relationship with Bryon. the Sheriff. and not get involved
with t coil's problem with the Law Enforcement. The Law
Enforcement Agre;,rnent was approved. Dave motioned and Craig end
the motion. All were in favor.
Karen mentioned she met with the County Commissioners and they
assured her they would give us money back for the building
permits anci give us goad service as our building inspector.
The Park was discussed. Fled suggested when the Park is rented
that we give them a few guidelines in a. letter. They are driving
on the grass and breaking the sprinkler heads and they are
leaving the Park in a mess. Ross suggested having them leave a
deposit for the key on the restrooms. It was also suggested to
have a cleaning deposit. also. S20.00 was suggested for clean up
and key deposit. A letter will be typed up to hand to the people
when they rent the Park.
Craig mentioned the Possee had a misunderstanding about the poles
the fix the fence in the Arena. They were also upset about no
sand in the Arena. The uouncii nad promisee to get sand in
there. Craig felt a .ittie bit of guilt and was wondering about
getting tl &. K or someone to haul the sand iri. Deb mentioned that
Tom Hilieshiem would haul the sand for the price of his gas. Deb
wi I l take care of it and get it done.
The Playground Equipment Grant was discussed. Craig rnentionvd
the Grant had to be in by Sept . i st . so he went ahead and wrote
up a Grarit . He read it to the Council. The Council agreed to go
ahead with Grant as written.
Raises were discussed for Betty and Scott. Scott got a raise
when he started this Spring. Karen mentioned he had been on
probation for not coming to work some days. She mentioned a S.40
raise for Betty instead of a $.00 as previous mentioned at last
months meeting. Dave was wondering ai_,out over powering Karen's
decision on personnel. Craig mentioned he talked to Dale Storer
a.rlci the City Council can make a recommendation. Craig suggested
giving Betty a raise of a Si .00 in technical with the rest of the
Secretaries around an±€, back pay her for the last two months.
Dave Chinks we can. make changes and be competitive. Council
agreed. Karen does not want to over spend the budget.
Council reports were given. Dee mentioned ICAT Committee makeing
S7500 for Iona Days. They have suggestions and help for next
year.
it was suggested getting a Committee Chairman outside of the
Council and ICAI Committee. The Auction and Siient Auction
already have volunteers to handle them. Craig mentioned that the
Church is sending out Plays to the Stakes if we want to do one of
them instead of the Melodrama. Karen mentioned Steve Janes would.
like to write a play for the Melodrama next year. The question
was asked if the people are being over taxed during the Iona
Days. There was a dinner Thurs. night, dinner Fri. night,
hamburgers at noon. breakfast Sat. morning: the picnic Sat.
night was free and a relief. The Auction was down from last
year. Someone suggested not getting overboard with donating. Is
our primary purpose a fund raiser or celebration? Craig
mentioned may be the Chureh do their thing the week before to
lead up to Iona Days.
Constructing a stage in the Park was discussed.
Dee mentioned a Comprehensive Plan needs to be in place. John
Price got the County's copy and is working on one.
Craig mentioned the Possee again, and feels we ought to do
something. He feels we went back on. our word. he suggested we
either get •the sand hauled in or iet them ride free. He needs to
let them know what we wi i i do. Dcij will get the sand in. So.
Craig can tell them it will be taken care of.
Karen mentioned tie Sound System is in and she will summit the
bills to CiIC for the grant.
Karen discussed the building. We need to get moving on the
Council room side of tile building. The ceiling needs to be taken
out. We have S20.000 to work with. The ICAT Committee needs to
get the money over to the City that we have earned. Having free
standing wails fur a Mayor's office was discussed.
Karen told about the Presentation she gave. Joe Beinap taped a
video around Iona. It might be a fund raiser around Christmas
time if anyone would iike to buy the video.
Karen mentioned resigning to go on a Mission. The Council can
appoint someone on the Council or in the Community. Karen will
not be leaving until Jan.
Dave motioned to adjourn.
Time:
9:30.
CITY OF IONA
**BUDGET REPORT**
:OR 01-31-96
**** GENERAL FUND ****
FUND ACCOUNT# ACCOUNT TITLE
PAGE 003
ESTIMATED * *RECEIPTED * * UNRECEIPTED PERCENT
REVENUE MTD YTD BALANCE RECEIPTED
01 305.00 STATE HIGHWAY USERS 39.000.00 8,608.99 36,800,85 2,199.15 94.36
01 310.00 STATE REVENUE SHARING 28,000.00 6.502,32 26,021.54 1,918,46 92,93
01 315,00 STATE LIQUOR TAX 4,000.00 .00 6,752.00 2,752.00- 168.80
01 320.00 BEER & DOG LICENSES 175.00 6.00 136.00 39.00 77,11
01 325.00 COURT REVENUE 1,000.00 4.95 1.213.65 213.65- 121,37
01 330.00 INTEREST 2,000.00 80.61 1,361.64 638.36 68.08
01 335,00 CABLE TV FRANCHISE 2,350,00 .00 2,550.81 200,81- 108.55
01 340,00 NATURAL GAS FRANCHISE 3,100.00 ,00 5,031.07 1,931.07- 162.29
01 345.00 UTAH POWER FRANCHISE 10,000.00 ,00 7,900.27 2.099.13 79,00
01 350.00 MACHINE HIRE .00 .00 .00
01 355.00 BUILDING RENT 5,000.00 510.00 3.642.50 1,351.50 72.85
01 351.00 BUILDING DONATIONS 15,000.00 .00 185.00 14,815.00 1.23
01 358.00 BUILDING GRANTS 30,000.00 .00 15,650,73 14,349.27 52.17
01 360.00 PROPERTY TAX REVENUE 18,996.00 6,492,31 19,481.31 491.31- 102.59
01 390.00 MISCELLANEOUS REVENUE 600.00 50,00 150,00 450.00 25.00
01 395,00 RESERVES 10.000,00 .00 .00 10,000.00
**TOTAL GENERAL FUND REVENUE
OPIN* GENERAL FUND ****
FUND ACCOUNT# ACCOUNT TITLE
169,221,00 22,255.18 126,883.49 42,331.51 74.98
ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT
EXPENSE MTD YTD BALANCE EXPENDED
01 410.00 PAYROLL 44,000,00 5,596.40 41,681,54 3,681.54- 108.37
01 420.00 RETIREMENT 6,500,00 516.42 5,246.14 1,253.86 80.71
01 422.00 HEALTH INSURANCE 3,000.00 .00 2,476.80 523.20 82.56
01 424.00 PAYROLL TAXES 6,500.00 432.41 5,465.00 1,035.00 84.08
01 429.00 MISC. PAYROLL .00 .00 .00
01 440.00 ELECTRICITY - NATURAL GAS 9,000.00 364.96 8,344.51 655.43 92.12
01 445.00 OFFICE SUPPLIES 5,000.00 169.41 4,151.11 848.29 83.03
01 447.00 ADVERTISING 600.00 .00 92.61 507.39 15,44
01 450,00 INSURANCE LIABILITY 5,000.00 .00 3,421.00 1,519.00 68,42
01 455,00 LEGAL & AUDIT FEES 4,000,00 200.00 3,875,00 125.00 96.88
01 460.00 POLICE SUPPLIES 5,500.00 .00 4,664,00 836.00 84.80
01 465.00 VEHICLE RENT 6,000,00 .00 6.000.00 .00 100,00
01 410.00 MAINTENANCE 10,000.00 1,289.38 6,531.43 3,462.57 65,37
01 472.00 BUILDING EXPENSE 40,000.00 6,764.90 25,051.68 14,948.32 62.63
01 475.00 CIVIL DEFENSE 500.00 .00 .00 500,00
01 490.00 CAPITAL IMPROVEMENTS 19,921.00 .00 9,313.00 10,608.00 46.15
01 495.00 MISCELLANEOUS EXPENSE 3,700.00 60.50 2,867,00 833.00 17.49
**TOTAL GENERAL FUND EXPENSES
**NET EXCESS OR DEFICIENCY(-)
169,221.00 15,394.38 135,181.48 34,033.52 79.89
6,860.80 8,303.99- 8,303.99
CITY OF IONA
**BUDGET REPORT*401S*
OR 07-31-96 PAGE 004
**** WATER FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT
FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED
02 305,00 COLLECTIONS 85,000.00 6,168,04 73,066.66 11,933.34 85.96
02 310,00 HOOK UP FEES 1,800.00 2,100.00 10,500.00 8,700.00- 583.33
02 315.00 INTEREST 1,600,00 201,85 1,495.25 104.75 93.45
02 395.00 RESERVES 5,000.00 .00 .00 5,000.00
**TOTAL WATER FUND REVENUE
**** WATER FUND ****
FUND ACCOUNT# ACCOUNT TITLE
93,400.00 9,069.89 85,061.91 8,338.09 91.07
ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT
EXPENSE MTD YTD BALANCE EXPENDED
02 410,00 SALARIES 8 BENEFITS 15,060.00 ,00 .00 15,000.00
02 440.00 ELECTRICITY 27.000.00 2,554.34 16,893.47 10,106.53 62.57
02 445.00 OFFICE, SUPPLIES, LEGAL 2,500.00 106.37 2,633.67 133.67- 105.35
02 450.00 ENGINEERING COSTS ,00 ,00 .00
02 460.00 VEHICLE EXPENSE .00 ,00 .00
02 465.00 VEHICLE RENT 3,000.00 .00 3,000.00 .00 100.00
02 470.00 REPAIRS & MAINTENANCE 12,100.00 1,469.65 5,099.65 7,000.35 42,15
02 480.00 BOND PAYMENT 14,000.00 .00 14,085.86 85.86- 100.61
02 482,00 BOND INTEREST 18,000.00 .00 11,282.28 117.12 96.01
0 485.00 BOND RESERVE FUND .00 .00 .00
02 490.00 CAPITAL IMPROVEMENTS 1,800.00 .00 .00 1,800.00
**TOTAL WATER FUND EXPENSE
93,400.00 4,130.36 58.994.93 34,405,07 63.16
**NET EXCESS OR DEFICIENCY(-1 4,939.53 26,066.98 26,066.98-
CITY OF IONA
**BUDGET REPORT**
11010,iOR 07-31-96 PAGE 006
**** RECREATION FUND **** ESTIMATED * * R E C E I P T E D * * UNRECEIPTED PERCENT
FUND ACCOUNT# ACCOUNT TITLE REVENUE MTD YTD BALANCE RECEIPTED
04 305.00 BASEBALL FEES 4,500.00 .00 5,024.00 524.00- 111,64
04 310.00 SHELTER RENTAL 650.00 195,00 435.00 215.00 66.92
04 315.00 POSSIE FEES 350.00 250.00 725.00 375.00- 207.14
04 320,00 WESTERN BOYS FEES 350.00 360.00 360.00 10.00- 102.86
04 395.00 RESERVES 3,000.00 .00 .00 3,000.00
**TOTAL RECREATION FUND REVENUE 8,850,00
**** RECREATION FUND ****
FUND ACCOUNT# ACCOUNT TITLE
805.00 6,544.00 1,306.00 73,94
ESTIMATED * *EXPENDED* * UNEXPENDED PERCENT
EXPENSE MTD YTD BALANCE EXPENDED
04 410,00 RECREATION EQUIPMENT
04 415.00 RECREATION LABOR
04 420.00 BASEBALL SUPPLIES
04 470.00 RECREATION MAINTENANCE
**TOTAL RECREATION FUND EXPENSE
**NET EXCESS OR DEFICIENCY(-)
500,00 .00 .00 500.00
1.500.00 200.00 1,190.00 310.00 79.33
2,650.00 1,355.90 2,955.15 305.15- 111.52
4,200.00 .00 245.78 3,954.22 5.85
8,850.00 1,555.90
4,390.93 4,459.01 49.62
750,90- 2,153.07 2,153,07-
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LAW ENFORCEMENT AGREEMENT
THIS AGREEMENT, entered into this day of
1995, by and between BONNEVILLE COUNTY, a political subdivision of
the State of Idaho, (the "County") and the CITY OF IONA, a
municipal corporation of the State of Idaho located within
Bonneville County, (the "City").
WITNESSET$
RECITALS:
WHEREAS, the City has a duty under Idaho Statutes to enforce
State laws, including those violations of which constitute a public
offense within the City including the enforcement of ordinances of
the City; and
WHEREAS, the County Sheriff has the duty under Idaho statutes
to enforce state laws, including those the violation of which
constitute a public offense, in all areas of the County, including
within the City limits of the City of Iona; and
WHEREAS, the City has the right to contract the County to
provide law enforcement within the City; and
WHEREAS, the City desires to have the County assume exclusive
responsibility for the enforcement of City ordinances; with the
exception of 7 a.m. to 7 p.m., Monday through Friday, when the City
Police Department will have said responsibility, and
WHEREAS, the City has determined that the County can provide
law enforcement within the City at a cost more economical to the
1
City and which said law enforcement may be of a higher quality and
a more expensive service than a City of its own can provide; and
WHEREAS, the County can attract and retain adequate and
competent personnel for adequate police protection and can more
efficiently operate the County Sheriff's Office and utilize the
time of the personnel by assuming partial law enforcement duties of
the City of Iona; and
WHEREAS, the parties have deemed it to be to the mutual
interest of the County and City to have the County assume the law
enforcement duties and the police protection for the City of Iona
as outlined above; NOW, THEREFORE, it is hereby agreed by and
between the parties as follows:
AGREEMENT:
1. police Protection. The County shall assume the exclusive
responsibility for the protection and law enforcement of the City
of Iona with the exception of the hours 7 a.m. to 7 p.m. Monday
through Friday; together with its responsibilities in other areas
of Bonneville County and with concurrent jurisdiction with the
Idaho State Patrol. The County agrees to enforce ordinances of the
City as directed by the Mayor or other designated official of the
City.
The County will NOT be expected to enforce the animal control
ordinances of the City. The County can, however, respond and give
assistance upon request to any local official of the City who is
designated by the Mayor to enforce the parking and animal control
ordinances.
2
2. Equipment. Bonneville County shall furnish at its own
expense all automotive vehicles and all law enforcement and police
equipment, supplies, and materials necessary to provide adequate
police protection and enforcement with the City.
3. Services. Bonneville County shall include for the
consideration herein recited, the services of dispatching the
police protection units through the emergency "911" number utilized
by Bonneville County for the dispatching of emergency vehicles; and
the jail costs of any confinement of defendant and prisoner who is
sentenced to jail for the violations cited through the Sheriff's
office.
4. Term. This agreement shall take affect the 1st day of
October, 1996, and shall continue in force and effect through and
including the 30th day of September, 1997.
5. Personnel. The County shall furnish sufficient personnel
for the police and law enforcement work in the City of Iona, during
the time designated as the County's responsibility; who shall be
under the direction of the Bonneville County Sheriff; provided,
however, that these persons shall be responsible for responding to
and enforcing violations of City ordinances as requested by the
Mayor or other designated official of the City. The County shall
pay all salaries including all withholdings and deductions required
from the salary of said personnel. Provided further, however, that
should the City desire and require additional coverage, the City
may, during the term of this agreement, hire at its sole expense,
additional personnel who shall be under the direct control and
3
supervision of the City, and whose expenses of salary, benefits,
training, and uniforms shall be the direct expense of the City.
Should the City desire to have additional personnel, in future
contracts, the City shall give notice to the County through the
Sheriff's Department, in advance of the budget year so that such
expenses can be included in the departmental budget for the
following year. This information shall be provided to the Sheriff
in writing no later than May 1st of the budget year.
6. Records and Reporting. The County shall furnish the City
with a written summary of its activities incurred hereunder for
each month, which shall be submitted on or before the third Monday
of the following month during the time that this agreement shall
remain in force. At the request of the Mayor of Iona, personnel
from the Sheriff's office shall report in person to the City of
Iona, City Council, which shall be scheduled at 7:00 o'clock p.m.,
and which unless otherwise notified will be on the third Monday of
each month at the City of Iona building. The reports shall be made
upon the activities of the Bonneville County Sheriff's Department
concerning the City of Iona for the previous reporting period and
to respond to any inquiries, comments or suggestions of the City
Council. The Deputy appearing shall be heard promptly at the time
of his attendance and shall not be delayed or spend extra time.
7. Compensation. The City shall pay to the County as
compensation for the services to be herein rendered for the term as
stated, the sum of S 4,500.00 .
The amount herein set forth shall be paid by City to the
4
County in quarterly payments, with the first payment due on the
31st day of December, 1996, and the subsequent payments due on the
last day of every third month thereafter.
8. Renewal and Extension. This agreement may be renewed or
extended for additional periods of time by written endorsement
hereon or by letter with reference to this agreement extending or
renewing the contract for an additional term. Should there be any
desire to discontinue or change the terms hereof in this manner,
the party so desiring shall give notice to the other on or before
May 1st on the year then current and such changes shall be endorsed
or by written modification made a part of this contract. This
agreement may be terminated by either party upon a ninety (90) day
written notice. In the event of any renewal or extension hereto,
the parties shall jointly agree upon and modify, if necessary, the
compensation amounts as set forth in paragraph 7.
9. Fines and Forfeitures. All citations, complaints and
prosecutions for non -felony crimes or violations shall be pursuant
to the ordinances of the City of Iona, and shall be processed in
the Magistrate Court of Bonneville County, and all fines and
penalties recovered under the provisions of any City Ordinances
shall be paid unto the City Treasury pursuant to the provisions of
Section 50-1015 of the Idaho Code.
10. Independent contractor. The County shall perform this
agreement and the responsibilities enumerated hereunder as an
independent contract; and the County, the Sheriff's Department, and
the law enforcement officers shall not be considered agents or
5
employees of the city of Iona.
11. The County agrees to indemnify and hold harmless the City
against any and all liability for injury, including loss of life,
to any person and for damage to, or loss of, the property of arm
person arising from any act or omission on the part of the County,
its officials, Sheriff, or other law enforcement personnel in
connection with providing police protection and law enforcement
within the City.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed, through duly enacted resolution of the
governing bodies of both parties, the day and the year first above
written.
ATTEST:
Bonneville County Clerk
BONNEVILLE COUNTY
By:
Chairman
Bo d of Co issioners/%
By: :�A/ �1'IAPteL
Sheriff -7- 9�
CITY OF IONA
ATTEST: By:
Mayor
Iona City Clerk
6
Byard Cox, Mayor
City of Ucon
1550 Jones Avenue, Suite G.
Idaho Falls, Idaho 83401
Byron R. Stommel, Sheriff
Bonneville County
605 N. Capital Avenue
Idaho Falls, Idaho 83402
Dear Sirs:
STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
ALAN G. LANCE
July 15, 1996
-4.2 f /35-a
/3/�-
Pursuant to telephone conferences with each of you, you have requested an
opinion regarding the duties of the sheriff pertaining to felonies, misdemeanors, etc.
occurring in cities within the county. In 1989, the Office of the Attorney General issued
Legal Guideline 89-149 which discusses these same issues. I have enclosed a copy for
your review. After analyzing the statutes in question, it is the opinion of this office that
the 1989 Legal Guideline still represents the opinion of this office on this subject.
I hope the enclosed opinion is of assistance to you. If you have any questions,
please feel free to contact me.
TFG/kp
Enclosure
kountylsherifl:doc
Very truly your
THOMAS F. GRATTON
Deputy Attorney General
Intergovernmental & Fiscal Law Division
Intergovernmental & Fiscal Law Division
P.O. Box 83720, Boise, Idaho 83720-0010
Telephone: (208) 334-2400, FAX: (208) 334-2530
Located at 700 W. Jefferson Street, Suite 210
NEY GENERAL
INFORMAL GUIDELINES OF THE ATTORNEY GENERAL
Ag that a full-time pros-
." 1121daho at 1059.
-en based upon the doc-
-ession of one thing is the
y Construction, § 47.23
./ may agree to prosecute
county commissioners
ractice of law. Although
ce for full-time prosecu-
ar to fall within the defi-
:hat term as follows:
;he doing or performing
ding therein, throughout
'opted rules of procedure.
I counsel, and the prepa-
ral rights are secured, al-
ng in a court.
• . "'d 62 (1959); In re Mat -
:follows:
et admission to the Bar
ublic law firm;
�r business organization;
are primarily providing
•y which he or she is em-
ntal agency before the
tive judge or referee, or
appellate jurisdiction of
ates; or
proved by the Section on
ar or the American Bar
• and Membership in the
`4
Speaking, mediation, and instruction on a part-time basis would not appear to
fall within these definitions. Of course, you would be using your training and ex-
perience as a lawyer in performing these functions. However, the incidental use of
legal knowledge in a service that is primarily nonlegal does not constitute the
practice of law. Auerbacher v. Wood, 59 A.2d 863 (N.J. 1948).
In summary, a prosecuting attorney who is required to devote full time to the
discharge of his duties under Idaho Code § 31-3113 may safely comply with the
statute by (1) avoiding outside activities that would interfere with his working a
full workweek of approximately 40 hours, and such additional hours as his duties
may require, and (2) refraining from the private practice of law. Your proposed
activities as speaker, instructor, and mediator would be proper so long as they do
not interfere with your performance of your duties. The acceptance of reasonable
compensation for these activities is not prohibited.
Please contact me if you have any additional questions on this matter.
Sincerely,
Michael A. Henderson
Deputy Attorney General
Criminal Law Division
May 16, 1989
Robin Dunn
Jefferson County Prosecuting Attorney
Box 276
Rigby, Idaho 83442
THIS CORRESPONDENCE IS A LEGAL GUIDELINE OF THE
ATTORNEY GENERAL SUBMITTED FOR YOUR GUIDANCE
Dear Mr. Dunn:
This letter addresses your request for an opinion regarding the Jefferson
County Sheriff. Your letter states that the Sheriff is currently billing the city of
Ririe for law enforcement but is not billing other cities within the county. You
149
INFORMAL GUIDELINES OF THE ATTORNEY GENERAL
have asked for an opinion as to the duties of the sheriff pertaining to felonies, mis-
demeanors, juvenile cases, child protection matters, infractions and cases involv-
ing violations of ordinances in cities that have not contracted for law enforcement
services as compared to cities that have so contracted.
In analyzing your question, it is appropriate to begin with the Idaho Constitu-
tion's grant of police power to public entities within the state. Article 12, § 2,
states in its entirety:
Local police regulations authorized. — Any county or incorporated city
or town may make and enforce, within its limits, all such local police, san-
itary and other regulations as are not in conflict with its charter or with
the general laws.
"Thus, the Idaho Constitution authorizes a city to enact penal ordinances for the
welfare of its residents so long as those ordinances do not conflict with the city's
charter or the state's general laws.
Juxtaposed with article 12, § 2, is Idaho Code § 31-2227 which vests primary
jurisdiction for enforcement of state penal laws in the county sheriff:
Irrespective of police powers vested by statute in state, precinct, county,
and municipal officers, it is hereby declared to be the policy of the State
of Idaho that the primary duty of enforcing all the penal provisions of
any and all statutes of this state, in any court, is vested in the sheriff and
prosecuting attorney of each of the several counties .. .
When in the judgment of the governor the penal laws of this state are not
being enforced as written, in any county, or counties, in this state, he may
direct the director of the department of law enforcement to act indepen-
dently of the sheriff and prosecuting attorney in such county, or counties,
to execute and enforce such penal laws. (Emphasis added.)
From this, it is clear that a sheriff has a duty to enforce state penal laws within
the boundaries of a city regardless of whether that city has a police department or
not. There is no requirement that the city reimburse the sheriff for enforcing state
penal laws within city boundaries. Indeed, a city need not hire police officers to
enforce state laws at all and may rely upon the sheriff in this area. Idaho Code
§ 50-209 states:
The policemen of every city, should any be appointed, shall have power to
arrest all offenders against the law of the state, or of the city, by day or by
night, in the same manner as the sheriff or constable. (Emphasis added.)
150
INFORMAL GUIDEL
In State v. Whelan, 103 Ida
Court interpreted this statute t
is entirely discretionary with t}
of this office:
It is indisputably clear
ry responsibility to ent
any efforts made .o.r, c
county. The county sh
officers as supplantin,
ing him in carrying of
statutes are vigorousl
1984 Attorney General Opini
However, the fact that a col
utes within a city does not mf
city ordinances. In Clyde He:
505, 210 P.2d 798 (1949), the
did not have the constitutiot
within a municipality. The qu
rather than one of conflicts
Boise City v. Blaser, 98 Idah
stated that article 12, § 2, est2
within a county as a safeguar
lice power.
From these cases, it follow,
cannot enforce city ordinan(
Therefore, if a city does not p
unenforced absent an agreen
protection. This is the messai
67 P. 491(1902), which hold
ulations should be placed up
Idaho Code § 50-602, which
that city ordinances are enf(
In summary, it is apparen'
joint jurisdiction to enforce
whether they are felonies, rr
further reinforced by Idaho
county sheriff to work concu
fic on all highways and roac
s
TTORNEY GENERAL
INFORMAL GUIDELINES OF THE ATTORNEY GENERAL
�i.
eriff pertaining to felonies, mis-
infractions and cases involy-
iitracted for law enforcement
cted.
begin with the Idaho Constitu-
'ithin the state. Article 12, § 2,
,_ny county or incorporated city
limits, all such local police, san-
conflict with its charter or with
enact penal ordinances for the
.s do not conflict with the city's
§ 31-2227 which vests primary
-1 the county sheriff:
atute in state, precinct, county,
ed to be the policy of the State
ing all the penal provisions of
)urt, is vested in the sheriff and
al counties .. .
fiNnal laws of this state are not
r counties, in this state, he may
.w enforcement to act indepen-
ney in such county, or counties,
Emphasis added.)
.nforce state penal laws within
city has a police department or
e the sheriff for enforcing state
need not hire police officers to
?eriff in this area. Idaho Code
appointed, shall have power to
tate, or of the city, by day or by
constable. (Emphasis added.)
In State v. Whelan, 103 Idaho 651, 651 P.2d 916 (1982), the Idaho Supreme
Court interpreted this statute to mean that "the decision to appoint police officers
is entirely discretionary with the municipality." As stated previously in an opinion
of this office:
It is indisputably clear that the sheriff has the constitutional and statuto-
ry responsibility to enforce the state laws within his county irrespective of
any efforts made or omitted by the policemen of any cities within his
county. The county sheriff should not view the appointment of city police
officers as supplanting his authority within the county but rather as aid-
ing him in carrying out his responsibility to see that the state's criminal
statutes are vigorously executed within his county.
1984 Attorney General Opinion No. 84-4, p. 39.
However, the fact that a county sheriff has the duty to enforce state penal stat-
utes within a city does not mean that the sheriff has the power to enforce penal
city ordinances. In Clyde Hess Distributing Co. v. Bonneville County, 69 Idaho
505, 210 P.2d 798 (1949), the Idaho Supreme Court made it clear that counties
did not have the constitutional authority to make police regulations effective
within a municipality. The question was described as one of constitutional power
rather than one of conflicts of law. This view was later refined by the court in
Boise City v. Blaser, 98 Idaho 789, 572 P.2d 892 (1977). In that case, the court
stated that article 12, § 2, establishes the separate sovereignty of political entities
within a county as a safeguard against county/city jurisdictional conflicts of po-
lice power.
From these cases, it follows logically that a sheriff, in his role as county sheriff,
cannot enforce city ordinances as he is the agent of a separate political entity.
Therefore, if a city does not provide for police officers, its penal ordinances will go
unenforced absent an agreement with a separate political entity to provide police
protection. This is the message of the seminal case of State v. Quong, 8 Idaho 191,
67 P. 491 (1902), which holds that the burden of enforcing municipal police reg-
ulations should be placed upon cities rather than the state or counties. See also,
Idaho Code § 50-602, which states that it is the duty of the mayor of a city to see
that city ordinances are enforced.
In summary, it is apparent that a county sheriff and a city's police officers have
joint jurisdiction to enforce all state penal laws within the city limits, regardless of
whether they are felonies, misdemeanors or infractions. As to infractions, this is
further reinforced by Idaho Code § 31-2202.12(d) which makes it the duty of the
county sheriff to work concurrently with the Idaho State Police in regulating traf-
fic on all highways and roads in the state.
151
INFORMAL GUIDELINES OF THE ATTORNEY GENERAL
Because state penal laws apply equally to all persons, the fact that a person in-
vestigated may be a juvenile does not rob the sheriff of his authority and duty in
this area, and the method of handling the juvenile in the court system under the
Youth Rehabilitation Act is of no significance. Although actions under the Child
Protection Act cannot properly be described as "penal," the act itself grants
power to "peace officers" to shelter children. Idaho Code § § 16-1612 and 16-1613.
The county sheriff and his deputies are clearly peace officers within the meaning
of the Child Protection Act, even when acting within the confines of a city.
The county sheriff does not have authority to enforce county ordinances within
a city's limits, nor does he have the power to enforce city ordinances, absent an
agreement by the city to contract for such services from the county sheriff. In Ida-
ho, public entities are encouraged to "make the most efficient use of their powers"
and are permitted to "cooperate to their mutual advantage and thereby provide
services and facilities and perform functions in a manner that will best accord
with geographic, economic, population, and other factors influencing the needs
and development of the respective entities." Idaho Code § 67-2326. Hence, coun-
ties and cities are permitted to enter into agreements with each other in order to
provide services and facilities in keeping with these principles. Idaho Code
§ 67-2327 through § 67-2333.
A city, in lieu of hiring its own police force, may find it more profitable to con-
tract with the county sheriff to increase the sheriffs manpower and provide extra
protection within the city limits. Such an agreement could provide for a resident
deputy, extra patrol, or enforcement of city ordinances. The governing bodies of
both the city and the county must consent to such an agreement, Idaho Code
§ 67-2328, and the county sheriff may not benefit personally from such a con-
tract, Idaho Code § 59-201.
In summary, it is not illegal or inappropriate for a county sheriff, with the con-
sent of the county commissioners, to contract with a city council to provide for
enforcement of city ordinances, a resident deputy, increased manpower or other
services that would satisfy the city that it is being properly protected from crimi-
nal activity. This is similar in concept to the power of full-time prosecuting attor-
neys to contract with cities in the prosecution of city misdemeanors under Idaho
Code § 31-3113.
Your letter does not provide enough facts to allow for a judgment about specific
situations occurring in your county. If the sheriff is providing equal assistance to
each city in accordance with his statutory duties while charging Ririe and not the
other cities, this would not be appropriate.
;t
INFORMAL GUIDELIt
On the other hand, if the sheri
city of Ririe in accordance with a
Code § 67-2327 through § 67-2.
Sin
MI
De
Ch
Gaetha Pace
Idaho Commission on the Arts
STATEHOUSE MAIL
THIS CORRESPONDED
ATTORNEY GENERAL
Re: Conflict of Interest
Dear Gaetha:
Thank you for your letter of N
concerning two areas. First, yot
or a staff person's spouse applit
Second, you question whether i
tinue to sit on a board of art or.
Conclusion: Idaho's nepotisr
associates from voting to furni
within a second degree relati
maker, could not fund any proj
ceive a benefit. The statute doe..
ing for and receiving funding f.
prohibit commissioners from si
mission funds.
CHECKS FOR AUG. 1996 ON GENERAL ACCOUNi
1879 8/06/96 IDAHO ST. TAX COM 268.00
1880 BANK 0:r COMMLACE 1465.90
1881 PERSI 897.67
1882 UTAH POWER 348.36
1883 IDAHO NCPERS 24.00
1884 FRED PRYOR SEMINARS 198.00
1885 8/13/96 ROSS JOHNSON 993.34
1886 SCOTT LONG 327.18
1887 KAREN HANSEN. 116.06
1888 DAVE HUNTSMAN 42.68
1889 DEE JOHNSON 42.68
1890 CRAIG ROCKWOOD 42.68
1891 DELBERI sORENSON 42.68
1892 8/23/96 CITY OF IONA 360.00
1893 POST REGISTER. 5.67
t894 ACE HARDWARE 7/96
1895 K MART 10.65
1896 BOB'S INSULATION 11.70
1897 RICKS COLLEGE 15.00
1898 IDAHO SPORTING GOODS 15.70
1899 IN-1. GAS 21.06
1900 PACIFIC RECYELING 42.00
1901 CAL STORES 71_50
1902 BMC WEST 83.89
1903 HOLDEN, KIDWELL 200.00
1904 COLUMBIA PAINT 659.55
1905 POSTMASTER 32.00
190i5 8/26/96 RON NELSON 342.75
1907 ROSS JOHNSON 963.34
1508 SCOT -I LONG 278.15
1909 BETTY MCKINLAY 474.87
1910 BLI-TY MCKINEAY 4.41
1911 8/30/56 DIRECTIVE DATA 20.00
1912 CRAIG ROCKWOOD 31.20
1918 DLL JOHNSON 240.46
1914 JIM'S TREE SERVICE 650.00
1915 BEIM'. MCKILNLA'y 89.22
CHECKS FOR. AUG. 1996 ON -1ER ACCU1
565 8/01/06 POSTMASTER 77.00
:-)66 8/06/96 UTAH POWER 3703.84
567 8/23/96 AlC 125.00
568 CITY OF IONA 15000.00
569 AT & T 10.15
570 FORSGREN ASSOC. 26.00
571 BLI 42.50
572 EAGLE PRESS 63.00
573 COMNEJ ChLECLER 63.64
374
375
576
.1- AC I," S 6-12
WEST
FALLS PLUMBING
103.83
i26.15
182.18