Pocatello City Council Approves funding for Victor Perez Case Settlement

POCATELLO, Idaho (KIFI) – The journey from initial interaction with police officers to pending litigation in the Victor Perez case is one step closer to its conclusion. On November 5, the Pocatello City Council voted to approve using city reserve funds to pay in part for the settlement with the Perez family, following the lawsuit filed last summer.

For the November 5 City Council Meeting, Agenda Item number 17 was listed as "Resolution of Pending Litigation," in which the council would vote to use reserve funds in the resolution. This agenda item was purposefully and noticeably vague, with Councilmember Bates confirming on Thursday morning to Local News 8 it was in regards to the Victor Perez case.

Prior to the vote, Bates spoke up about the way the city has handled the matter publicly.

"I'm concerned about the efforts we are making to rebuild public trust and what I feel are some slight infringements by council's responsibilities as elected officials," he said. "The public saw $1.5 million move from reserves without a public explanation of what that money was for. Tonight, our agenda asks us to resolve pending litigation without even identifying the Perez case by name, and an issue of enormous public importance has been placed near the end of a very length agenda."

Bates continued to say each of those decisions may have an explanation, but together, they send the message that the city is not welcoming transparency and accountability in the matter. Citizens who attended the meeting nodded in approval as Bates said the handling of this situation means more to the Perez family and the community than it's being allowed.

The City Council was told to refrain from discussing pending litigation with the public or local media. Bates said he blatantly disagrees with this advice, reminding attendees that elected officials on the Council work for the citizens of Pocatello and believe they have the responsibility to explain and discuss significant matters with the public.

"I was openly critical of the previous administration's response following Victor Perez's death, because I believe the delay and lack of public communication deepened the distrust and pain surrounding this tragedy," Bates said. "I said then we have to do better. I'm concerned that our instinct today is still to decline, to disclose as little as possible...and we have not learned enough from that experience."

Councilman Bates then moved to approve the agenda item, garnering a second from Councilmember Satterfield. Just before the vote, Councilmember Swanson spoke up.

"It would have been my preference if there would have been some sort of press release from the city, indicating the circumstances of the case and where we are in terms of this pending litigation and at least an effort to say that we can't say everything we'd like to say, but we will next week," Swanson said. "This was a missed opportunity for the city to communicate a little bit more openly about tonight's agenda item."

The vote was then unanimous to approve the item.

Following the meeting, Mayor Mark Dahlquist spoke to Local News 8, saying a further statement would arrive next week when the settlement is finalized by the Perez family.

"What I need to be clear about is that we've authorized the payment," Dahlquist said. "The plaintiffs still have to receive and cash the check, they still have to go to file that negotiation agreement with the federal court. We do want to make comments and we want to be open about this, but this is technically not 100% settled yet."

The Mayor said they expect the case to be fully settled by next week. He added the priority right now is for both the plaintiff and the city to get this situation resolved and move forward.

Dahlquist maintained that each council member is their own person with opinions and values, meaning when he advises the Council to refrain from comment on pending litigation, they may, like Bates and Swanson, decide to comment anyways.

"It's been really tough for the community, I really do look for some closure, some healing," Dahlquist added. "I really look forward to that next step and going forward."

Dahlquist also said it's a difficult balance to strike as an elected official to be transparent with the public while maintaining his position as the steward of the city's resources.

The City plans to make a statement next week once the settlement is finalized. According to Mayor Dahlquist, that statement will be "forward-looking" and include further details about the settlement, future police trainings, and what the future holds beyond the scars of the Victor Perez shooting.