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Violating Its Own Bylaws, GBAD Votes Democratic State Treasurer To Become New GBAD Secretary/Treasurer

"But Idaho Statute trumps the bylaw."


The June 24 meeting of the Greater Boise Auditorium District, the first since the May 21 election choosing new GBAD board members has been certified, was marked by two game-changers: the changing of the guard as Steve Berch and Jim Walker were sworn into office and the introduction of another significant GBAD player, who didn't receive a single vote.

Berch, Walker and Peter Oliver were all victors in the May 21 election, which saw the defeat of incumbents Stephanie Astoriquia and Rob Perez.

"It's clear that voters were looking for change," said GBAD board chair Hy Kloc. "This is a time to act."

But one of the new GBAD board's first actions was a bit of surprise. The board elected an outsider to become GBAD's new Sectreatry/Treasurer: Susan Eastlake, who also serves as State Treasurer for the Idaho Democratic Party.

But soon after Berch nominated Eastlake to become the Secretary/Treasurer, GBAD board members had to wrestle with a conflict with their own organization's bylaws.

"In my opinion the (GBAD) bylaw is in conflict with Idaho State Code," GBAD legal counsel George Knickrehm told the board.

Simply put, Idaho Code 67.49.09 states that a Secretary/Treasurer "may or may not" be a member of the board. But Article 3 of GBAD's own bylaws says that the Secretary/Treasurer must be a member of the board.

"But Idaho Statute trumps the bylaw," said Kloc. "And I believe we should have a CPA as Secretary/Treasurer."

Indeed, Eastlake is a Certified Public Accountant and partner with Medlin, Beridge & Eastlake, following her service as an agent for the Internal Revenue Service in the 1970s.

"Plus, I haven't heard of anyone else who is interested in the job," said Kloc.

But no one mentioned that the job had been open to the public, let alone the interpretation of the statute versus bylaws.

After re-electing Kloc as chairman of the GBAD board and Eastlake as its new secretary/treasurer, Knickrehm said he would advise some legal housecleaning.

"My recommendation would be to amend the (GBAD) bylaw," he said.