Bonneville County Prosecutor answering questions on D91 levy Tuesday night
IDAHO FALLS, Idaho (KIFI) - A public forum will be held Tuesday on Idaho Falls School District 91's levy dispute with the Idaho State Tax Commission.
This comes after an Ada County judge terminated a temporary injunction against the Tax Commission. The Commission can now inform Bonneville County Voters that District's most recent plant facilities levy is "unlawful."
The Idaho Attorney General's office says school districts cannot have concurrent plant facilities levies. This means the Bonneville County Prosecutor has to get involved.
"Pursuant to Idaho law, when the local Prosecuting Attorney receives this notice from the Tax Commission, he “shall immediately bring suit in a court of proper jurisdiction against the … governing authorities of [the] school district … levying such unauthorized or excess levy to set aside such levy as being illegal," said Neal in an October 16 press release.
Neal also said he will be holding a public meeting Tuesday, Oct.17, at 7 p.m. at Smith Chevrolet's community room in Idaho Falls.
We spoke to Randy Neal to find out the reasons for the forum.
"There has been a little information put out there, but people might not understand what the issue is and what our role in it is. And so I'd like to be transparent. I'd like to make sure that if people are left with questions, that they have a place they can come and talk to the prosecutor and make sure they understand what he's doing," Neal said.
District 91 disagrees on the ruling from both the Idaho Attorney General's office and the Tax Commission.
"The Idaho Tax Commission says school districts can only have one plant levy. After extensive research, D91’s legal counsel maintains school districts can have multiple levies as long as they adhere to the provisions in Idaho code (33-804) that “no levy may exceed ten years in length and that the aggregate of any levies may not exceed .4%.” The district’s levies – the 2022 plant levy and the 2023 plant levy – comply with these limitations."
The District also addressed their civil complaint they filed against the Tax Commission.
"D91's trustees are pursuing this matter in court because they believe it is the right thing to do for D91's parents, patrons and taxpayers. Our trustees are committed to protecting local control and advocating for the interests of D91’s parents, patrons and taxpayers," they said in a statement. "The Tax Commission and the Idaho Attorney General’s Office have made their position on D91’s levy clear. It is now up to the Idaho courts to settle this matter."
