Settlement reached in D91 elections case

IDAHO FALLS, Idaho (KIFI) - Bonneville County Prosecuting Attorney Randy Neal announced Thursday a settlement agreement has been finalized with two employees from Idaho Falls School District #91 who were subject of a civil complaint involving the Public Integrity in Elections Act in Bonneville County case number CV10-23-2483.

As part of the settlement agreement, a settlement amount of $250 has been paid to Bonneville County on behalf of the State. This is the equivalent of the maximum amount of civil penalty authorized under the Public Integrity in Elections Act for unknowingly violating the act.

In a civil action, no one is required to “plead guilty” or acknowledge they did something wrong and once a judgement or settlement amount is satisfied, the civil action is dismissed.

Once the judge dismisses the case pursuant to the settlement agreement, no further proceedings are anticipated. Also, since this is not a criminal case, it does not result in a conviction on a someone’s “record.”

The legislature enacted the Public Integrity in Elections Act and they determined it would be enforced through civil penalties instead of criminal charges and they set the limits on the amount of the penalties. Almost all litigation nowadays, both civil and criminal, is resolved through settlement agreements (plea agreements in the case of criminal prosecution) which require compromise by both parties.

As a matter of compromise, the State has agreed to accept the equivalent of one civil penalty instead of requiring both. This type of compromise is not uncommon in either civil or criminal cases.

“A reasonable settlement of this case is in the best interest of taxpayers because it saves taxpayers litigation costs,” Neal said. “We believe, however, that a strong message has been sent that the
Bonneville County Prosecuting Attorney is committed to enforcing the Public Integrity in Elections Act and it appears taxing districts throughout the area are being more cautious when spending public money or using public resources on election issues."

Neal concluded he is committed to working cooperatively with all taxing districts within Bonneville County in efforts to avoid these issues in the future while still ensuring compliance with the law.

D91 released the following statement:

Idaho Falls School District 91 is pleased to announce it has reached an agreement regarding the elections complaint the prosecutor’s office filed earlier this year.

Based upon the settlement, Bonneville County Prosecutor Randy Neal has dismissed the complaint against Margaret Wimborne, the district’s public information officer.

The district will continue to provide its valued parents and patrons with the information needed to make voting decisions in accordance with state statutes.

D91 officials and trustees were eager to resolve this matter in recognition of the increasing litigation costs for D91 taxpayers.