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Posts published in June 2015

Out of business

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Five years after the GUARDIAN first broke the story of the Idaho Land Board going into the business of running businesses, the Board has voted to divest itself of more than 20 commercial real estate parcels, most of them in downtown Boise. The big story back then was a STORAGE business.

The poster child property which was vigorously defended by land board members is Ten Barrel Brewing. The state spent millions in “tenant improvements,” even hiring a construction manager. The place is owned today by Budweiser.

For five years state officials claimed they had a “constitutional mandate” to get the best return on the education endowment funds and in their collective mind that meant owning tax-exempt property in Boise. Now, based on the advice of a consultant they will divest themselves of an estimated $25 million worth of commercial property and put cash into what sounds like Real Estate Investment Trusts (REIT). We applaud the vote of the board which is long overdue.

The board is comprised of state elected officers (guv, controller, sec/state, atty/gen, sup/intstruc).

The only worry for citizens of Boise is the location of the various parcels. While the state owns them, there is no revenue generated from the tax-exempt property. However, if any of the real estate is within an urban renewal district the taxes on improvements and appreciation will go to CCDC, not the city of Boise.

First Take

The Idaho State Police probably were right in their conclusion that the issues surrounding the Corrections Corporation of America private prison in Idaho were not properly a subject for investigation by that agency. It was, Colonel Ralph Powell said, "This appeared to be a breach of contract dispute, and therefore a civil, not a criminal matter.” Two other issues come up from this, however. One is the reasons why so many people in state government were under the impression, for a year, that ISP was in fact investigating. An Idaho Statesman report out today says that "A state police major introduced himself to IDOC Deputy Warden Timothy Higgins as the investigator in the case, did an interview with Higgins and took IDOC’s documents about the CCA allegations." Huh? And were there other such instances? The Statesman story adds some useful information to the background, but raises some more questions. One, just slightly farther afield but something state legislators should consider, is this: If the Idaho State Police are not the proper agency to investigate something like the CCA situation, then who is? Someone kin state government should be.

Unwinding the unwinding

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This summer in Idaho is featuring some unfortunate health headlines ranging from the plague among rodents to e. coli on the beach (at Lucky Peak park near Boise).

But the really messy story is neither of these: It concerns the Saltzer Medical Group and its relationship with St. Luke’s hospitals, and the slippery state of how modern medicine deals with big money.

The story goes back a few years and iterations. Saltzer is a consortium of physicians at Nampa – the state’s second-largest city, remember – which had a large base of customers who regularly needed hospital facilities. St. Luke’s Health System, the largest hospital organization in Idaho and based at Boise – with major facilities scattered around the metro area – bought Saltzer in 2012, in a friendly takeover. Part of the justification was that if the organizations worked more tightly together, they might be able to hold down costs.

Attorney General Lawrence Wasden warned that the deal might be illegal, violating federal anti-competitiveness laws. St. Luke’s and Saltzer said the merger could be readily “unwound” if need be. That’s now being put to the test. Two levels of federal courts ordered the merger reversed, agreeing with the state (and several St. Luke’s competitors) that the mashup was anti-competitive. Now, in speaking of the un-wind, St. Luke’s attorneys were quoted as saying that what “seemed like a simple, straightforward process ... has proven not to be so.”

Is everyone properly shocked . . . ?

For one thing, Saltzer isn’t now what it was: A group of what was 50 or so doctors is down in number by about a quarter, some of those departing evidently wary of getting snared in legal issues. Several specialties important to the overall group now have no practitioners. The group reached an agreement with St. Luke’s to provide those services, which has made things even more complex.

And there have been efforts afoot to sell off part or all of Saltzer to some other party.

How does all of that comport with the court’s order to, more or less, return St. Luke’s and Saltzer to where they were before their merger?

No one really knows.

There’s some talk about a court-appointed master who would have some direct authority over the situation. This might work, in theory, somewhat comparably to a trustee in a bankruptcy case. But this may be a lot more difficult for such an official to handle than would be a bankrupcty; in this case, the businesses are alive and fully functioning. Part of what has happened involved physicians quitting one employer and moving to another, or setting up independent shop. How could a master force someone to, say, continue working at Saltzer if they didn’t want to? (Not that such an effort would likely be made anyway.) Both Saltzer and St. Luke’s are active – in St. Luke’s case, you might almost say hyperactive – businesses, doing many things and making many decisions every day. Planting a special master in the middle of that could be nightmarish for everyone involved, prospectively including patients.

The legal-financial complex U.S. medicine is in may be headed for a series of smashups. Look at St Luke's and Saltzer as a harbinger of things to come.

First Take

We're big fans over here of direct democracy - the ability of citizens to take control of legislating, whether for ideas good or bad (and in our view, they seem to balance out). But is it ever subject to abuse. . . You can structure legislation in all sorts of ways, ways that make an ideological point without acknowledging the consequences (like cutting taxes without saying what services will be sliced, or reducing classroom sizes without saying where the money will come from). Money speaks in initiatives too: In Washington, Tim Eyman is or isn't a factor in state politics in a given year depending on whether he has a rich guy in his back pocket. But the Tacoma News Tribune points out today another problem too: People who solicit petition signatures for initiatives or other ballot items can, and sometimes do, misrepresent or outright lie - and there seems to be nothing the state can do about it. The specific trigger for the story is a new ballot issue that would change the Tacoma city charter, though it's being billed mainly as a term limits proposal.

Another shot

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Did anyone but me notice this?

The front page, top-of-the fold banner headline of the Charleston, South Carolina, newspaper today was about the nine people murdered in a local church. Quite proper.

But.....

Affixed to the masthead directly above that headline, was a blue sticker advertisement now commonly used by newspapers everywhere. A sponsor buys it - you read it - you pull if off without damaging the newsprint.

This morning's sticker ad - above that headline - was for a local shooting range. SHOOTING RANGE!!!

Now, the paper was first printed with the headline of the murders. THEN the sticker was attached by a circulation worker. Whoever did that had to know what the headline said.

That person - the one who applied the stickers by hand or machine - is my nominee for the dumbest ass in the world. Not for today. But for the rest of the year.

First Take

Oregon doesn't allow for a procedure for impeaching a governor - a point that came to some note earlier this year - and the talk about setting one up, though constitutional amendment, has been growing. (Oregon is the only state without a means for impeachment. It seems to have skidded to a halt in the Senate, where President Peter Courtney has been opposed, noting (the Oregonian reported) "Oregon voters have the ultimate right of impeachment through the recall process and they aren't shy about using it. They successfully petitioned for that right in 1908. Two years later they voted to prohibit impeachment." Of course, that was some time ago. The Oregonian posted a reader poll on the question, and so far 63.1% say they're in favor of an avenue for impeachment.

Maybe not such a bad idea, as Idaho Secretary of State Lawerence Denney proposes, to require governmental officials to adhere to the same lobbying rules - when they lobby the state legislature - as others who lobby. That would involve filing reports on lobbying efforts, and filing as lobbyists. This could complicate some cases and create some odd gray areas, such as state employees called in to testify before committees but not engaging in other lobbying. But if the lines are drawn in the right way, this may be reasonable. It's all in the details.

Superbugs

The Oregon State Public Interest Research Group on Tuesday sent out an email warning about the spread of superbugs - mutations resistant to most existing poisons or other efforts against them. From it:

We know the danger is real.

Raising livestock and poultry on routine antibiotics is helping grow and spread the superbugs -- antibiotic-resistant bacteria -- that could soon kill more people than cancer. [1]

Yet far too often, we don't know or can't trust whether the meat we buy has been raised with or without antibiotics. It's time to stop the overuse of antibiotics and the next big step is to put a label on it.

We have a right to know whether our food threatens our health. Join our call on the USDA to label meat raised with routine antibiotics.

There's no question that overusing antibiotics poses a danger to our health. We've known this for decades. Yet, for decades, the industry has fed huge amounts of antibiotics to factory farm animals -- even when the animals were healthy.

Antibiotic-resistant bacteria already infect more than a million Americans each year, and more than 23,000 die. Now, according to a recent study, resistant bacteria are projected to kill 10 million people per year by 2050.

We deserve to know whether the food we buy is contributing to the rise in drug-resistant superbugs.

I'm not alone in wanting labels. A Consumer Reports poll found that 83% of Americans want such a label to inform whether beef, pork, turkey, chicken or other meats in a grocery store come from animals routinely given antibiotics.

The good news is that consumers are demanding change. Thanks to you, we helped organize consumers to convince McDonald's to end the routine use of antibiotics in the chicken they sell.

More good news: The USDA is considering a simple requirement that meat carry labels telling consumers whether it was raised on antibiotics.

But with big food companies pushing back, the USDA isn't about to hand us a victory on a silver platter. We have to demand it. Add your name to our call for action. It's time to stop the overuse of antibiotics, and the next big step is to put a label on it.

First take

At what point did we cross the line when significant numbers of Americans thought torture was okay for us to do? It wasn't the case a generation or two ago; in the years I grew up, it was the bad buys - and only the bad guys, whether in fact or fiction - who tortured people. (At least as far as we knew or countenanced.) The good news yesterday was that the U.S. Senate decisively seemed to share that general concept; most of the Republican caucus and all of the Democrats led the 78-21 vote to reaffirm (this is not new policy, it's just re-upping what's already on the books) the official prohibition on torture. So what are we to make of the 21 senators who voted against? Idaho's two senators, Mike Crapo and Jim Risch, were the sole northwesterners (and that would include the Republicans from Alaska as well as the Democrats from Washington and Oregon and mixed delegation from Montana) to oppose the amendment banning torture. And why would they do that? Boise Weekly checked in with their offices, and got no response from Risch's. Crapo's statement had an on-the-one-hand, on-the-other-hand quality: "In the past he has expressed reservations about some of the things that were done, but he has been increasingly vocal about the tools that our military has at their disposal, some of the restrictions that were put in place. At the same time, he is changing his mind and his tune on when we should put our troops out there—boots on the ground, so to speak. He is less inclined to do that, but when we do it, we ought not to hamstring them in regard to what techniques they can use, and I think this follows along with that." No. It's not that complicated. Crapo's vote was for saying that we're okay with torturing people who fall into our hands. And what message, and what moral license, does that give to people who capture Americans? And what kind of moral sense can we attribute to someone who supports the use of torture? - rs

Undisputed champion

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The most successful university president in Idaho history, Boise State University’s Bob Kustra, is rapidly approaching retirement. He is 72 years young, and has accomplished more in his 12 years than all other Idaho public university presidents combined, with the possible exception of former Idaho State University President William E. “Bud” Davis.

Many factors combined fortuitiously to generate his success, but one key is from day one Kustra understood the job is primarily one of mastering the politics. To succeed a university president must concede they are a politician----not an academician, not a researcher, not a teacher, not a scientist.

Kustra came to his job almost straight from the jungle of Illinois politics where it is truly a contact sport riven with internecine fights and plagued with a history of corruption. He served two years in the State House, eight years in the State Senate and seven years as the Lt. Governor working with one of the few, competent, ethical and untainted governors in modern Illinois history, Republican Jim Edgar.

Kustra resigned his office in 1998 to go into higher education, a long-time secondary avocation of his (he holds a Ph.D in political science), to accept the presidency of Eastern Kentucky University and by 2003 was named the 6th president of Boise State.

Credit Kustra with understanding both the potential for dynamic growth at BSU and the importance of putting together and implementing strategic plans. As the man with a plan he quickly converted all the multiple constituencies from alumni to faculty to students. All recognized they had in Kustra a smart, tactical leader who knew how to make decisions, win over critics and unite diverse interests around goals beneficial to all.

Kustra also intuitively understood that everyone loves being associated with a winner, especially in the game of football. Boise State was already moving in the direction and had achieved real success on the gridiron but credit Kustra with understanding how crucial football success is to generous alumni giving and substantial funding from state legislators. Credit him also with ensuring that the minor sports were well supported as well as womens sports in full compliance with Title IX.

Kustra, working with his athletic director, deserves credit for elevating a fine football coach like Chris Peterson and hiring Leon Rice as head basketball coach. They took Boise State to the top tier of college football and basketball. Neither was he afraid to leave a rival like the University of Idaho, which couldn’t keep up, behind.

Credit Kustra also for hiring as his director of government affairs former House Speaker Bruce Newcomb, one of Idaho’s saviest political practitioners. Only one University of Idaho president, Tim White, working in conjunction with the Vandal’s equally adept government affairs director, Marty Peterson, could have possibly matched the Kustra/Newcomb combination.

White got fed up with continual harassment by Ed Board member Blake Hall from Idaho Falls and walked away. He landed in California where today he is Chancellor of the entire University of California Higher Education System. It didn’t take Kustra long after White was gone to not so subtly have removed from the University of Idaho’s mission statement the characterization of the U of I as the “flagship university.”

Kustra understnds the importance of perception. Too smart to appropriate that title directly, he knows today Boise State, though it describes itself as a “metropolitcan research university of distinction,” is nonetheless Idaho’s flagship university.

During Kustra’s tenure BSU has grown into the state’s largest public university. It grants over 40% of the bachelor degrees awarded in Idaho each year. Yes, the U of I for a while longer may continue to lead in research dollars and be considered academically better, but Kustra knows reality often follows perception and it is only a matter of time until BSU leads in those arenas also.

Like all successful politicians, Kustra has his detractors. He can be imperious and downright arrogant at times, and more than one person has called him a jerk when he acts less than his capability to charm. Decisive people though can often alienate those who dislike their decisions. Kustra knows success can cover a multitude of sins.

It appears the University of Idaho’s new president, Chuck Staben, doesn’t begin to understand the nature of the challenge Kustra’s aggressive leadership has created for him and his university. One example, is indicative. After being in office over a year he has yet to meet with the editorial board of the largest daily newspaper in his own backyard, the Lewiston Tribune. Vandal boosters better wake up..

When Bob Kustra hangs up his spurs he’ll do so secure in the knowledge that he is retiring as the uindisputed champion of the title “best university president,” bar none, in the history of Idaho.