APPEAL: Time to pay Dixon, Cd'A

Why is the Coeur d’Alene City Council refusing to pay former Coeur d’Alene Policeman, Dan Dixon, the $3.7 million judgment for the unanimous decision he won in federal court in October 2011? After losing this case, the city attorney appealed the decision to the federal court in January 2012 and lost that appeal. The city then requested a federal mediator to settle this dispute, with no resolution.

Notwithstanding the federal court decision and federal appeal losses, City Attorney Mike Gridley and an additional attorney (Mike Haman hired by the city to assist Mr. Gridley) again appealed this ruling to the 9th Circuit Court of Appeals. The result was another loss by the city. However, the judgment was reduced by the judge from $3.7 million to $3.2 million. The decision of the 9th Circuit Court of Appeals judge was worded in such tightly restrictive language against the city that future appeals are fruitless.

Since the original 2011 judgment, the Coeur d’Alene taxpayers are accumulating interest, compounded daily, on the unpaid debt of $3.2 million, plus court costs, plus all attorney fees for both sides, plus trial expenses, plus mediation costs and Mr. Haman’s fees. The interest alone on the debt is approximately $600 per day.

During the appeal to the 9th Circuit Court of Appeals, Mike Gridley was asked by the 9th Circuit judge, “Does the city have the $3.7 million to pay the judgment?” Gridley responded, “Yes, Your Honor, the money is now in escrow.” Yet, two weeks later a Coeur d’Alene Press front-page article stated the city was considering floating a $3.7 million bond to pay the judgment. Surprise!

Meanwhile, city Finance Director Troy Tymesen conducted an internal investigation on a finance department employee accused of $300,000 embezzlement. Concurrently, the Dixon case, costing the city more than $4 million thus far, was a much greater risk case for an internal investigation. This was brought to the attention of the city finance director, but no investigation has begun.

The unpaid judgments to Mr. Dixon have now mushroomed into an unacceptable burden on the Coeur d’Alene taxpayers. The City Council would not allow the citizens to decide on the overwhelming expense of McEuen Park. The total sum of these three consecutive losses is an ever-increasing burden on the citizens of Coeur d’Alene.

No wonder the mayor and two current City Council members, who facilitated the McEuen decision for special interest groups, are fleeing the aspect of re-election before these debts must be paid.

KENNY MOORE

Hayden