January 17, 2025
Pocatello for Accountable Government Entities (P.A.G.E.) has posted an update on the Legislative Forensic Pathology Center Funds that Bannock County recently returned to Idaho State University after it was alleged that the money had been misappropriated.
The post reads:
UPDATE for Legislative Forensic Pathology Center funds
RECAP: A complaint was filed with the Idaho State Attorney General in late November 2024 asking for an investigation into Idaho State University (ISU) and Bannock County’s actions and possible misappropriation of funds for an Eastern Idaho Forensic Pathology Center at ISU. The $900K in funds appropriated to ISU by the Legislature through House Bill 776 in 2022 were to be used by June 30, 2023 and were not to be transferred to another fund without the express consent of the legislature.
Public records indicate that ISU and Bannock County (under Commissioners Hough, Moser and Tovey) entered into a Memorandum of Understanding (MOU) in October 2022 which included a provision for ISU to “provide $900,000 of State appropriated funds which may be used for site and design consultation or cost estimates with an architecture firm as needed. Any balance of remaining funds will be allocated as pass through funding to Bannock County.” (As mentioned above, the appropriations bill prohibits the transfer of the appropriations from one fund to another fund unless expressly approved by the Legislature.)
In April 2023, in order to continue using the funds, the remaining funds were transferred from ISU to Bannock County effectively bypassing the Legislature’s restrictions. ISU’s itemized accounting of expenditures for the appropriation document a payment amount of $823,700 (corrected amt in termination MOU = $853,700) to Bannock County on 04/20/23 with an explanation of “invoice for project costs incurred.” Commissioner Crowder brought this information to light during the 10/29/24 Bannock County Business Meeting when he expressed his concerns and questions to the full Board of Commissioners about the appropriations bill and their use of the funds.
Commissioner Hough (the lead in the project after former Commissioner Tovey handed the project off to him in mid-2022) and the County have not offered any explanation for their role. ISU has stated that both ISU and Bannock County worked “in good faith.”
Since the initial news broke, the Commissioners held executive sessions and took the following actions. Note: No discussions in the public meetings were held nor have the County Commissioners offered any explanations for their return of the unspent funds (approximately $684,817.68) and reimbursement ($168,882.32) to ISU for the funds expended by Bannock County.
On 12/10/24, the Bannock County Commissioners voted (3-0) to send a request to ISU to identify in a MOU who the (unused) funds are to be remitted to and to revisit the matter once received.
ON 12/12/24, the Bannock County Commissioners voted ( 2-0, Crowder abstaining) to approve the termination MOU agreement and send back the unspent funds (approximately $684,817.68) to ISU.
On 01/07/25, the Bannock County Commissioners voted (2-0) to issue a check (of reimbursement) in the amount of $168,882.32 to ISU & expedite the process.
OPINION:
The facts are straight-forward. The return of the expended and unspent funds does not erase their original actions. If those overseeing this project were operating “in good faith” then why has Bannock County returned all the funds including those funds that were expended?
Despite statements to the press, elected public officials are NOT operating in good faith when they circumvent state statutes and an appropriations bill because it suits their purpose. The ends do not justify the means. This type of action does not demonstrate ethical, trustworthy leadership and until there are consequences and accountability for actions like these, the behavior will continue.
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