City of Boise City v. Keep the Commandments Coalition

141 P.3d 1123, 143 Idaho 254, 2006 Ida. LEXIS 115
CourtIdaho Supreme Court
DecidedAugust 14, 2006
Docket31308
StatusPublished
Cited by5 cases

This text of 141 P.3d 1123 (City of Boise City v. Keep the Commandments Coalition) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Boise City v. Keep the Commandments Coalition, 141 P.3d 1123, 143 Idaho 254, 2006 Ida. LEXIS 115 (Idaho 2006).

Opinions

SCHROEDER, Chief Justice.

The Keep the Commandments Coalition (the Coalition) filed an Initiative Petition for a Ten Commandments Display (Petition) with the city clerk demanding the enactment of a proposed ordinance for the Ten Commandments display to be placed in Julia Davis Park. The City of Boise City (the City) filed a Petition for Declaratory Judgment in which it requested the district court to decree that the City is not authorized or required to hold an initiative election in this case. The district court granted the declaratory judgment. The Coalition appealed.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The Fraternal Order of Eagles donated a Ten Commandments monument to the City in 1965 which was placed in Julia Davis Park. The Mayor and City council removed the Ten Commandments display from the park and moved it to St. Michael’s Cathedral in March 2004. The Coalition, an unincorporated association, filed the Petition with the Boise City Clerk, respectfully demanding that the City enact a proposed ordinance for placement of a Ten Commandments display in Julia Davis Park. The Petition stated the following:

We the undersigned citizens and qualified electors of the City of Boise respectfully demand that the following proposed ordinance, to-wit:
Be it ordained by the mayor and council of the City of Boise that, within 60 days of the effective date of this Ordinance, the Boise Parks and Recreation Department shall cause to be erected in Julia Davis Park, in the same location which formerly displayed the Fraternal Order of Eagles Ten Commandments monument, the following display: a Ten Commandments monument substantially similar in size, composition, and content to that given to the city in the 1960s by the Fraternal Order of Eagles and moved to St. Michael’s Cathedral in March, 2004; within 20 feet of the Ten Commandments monument, a second monument of substantially similar composition and size, containing an excerpt from Jefferson’s Virginia Statute for Religious Freedom. In the front of the monuments, and plainly visible to passersby, shall be a plaque stating the city’s commitment to religious freedom and acknowledgement of the secular influence of the texts displayed on the monuments.
This display shall, to the extent practical, be identical to the display erected at the Bannock County Courthouse in Pocatello, and upheld in the case of Albanese v. Bannock County, Case # 93-CV-115, U.S. District Court, District of Idaho; and, this ballot in question shall be submitted to the qualified electors of the City of Boise, for their approval or rejection at the general election to be held on the 2nd day of November, A.D., 2004, or on such date as may be set by the Boise City Clerk pursuant to Idaho Code Section 34-106, and each for himself says: I have personally signed this petition; I am a qualified elector of the City of Boise; my residence and post office are correctly after my name.

The Clerk verified the signatures on the petitions and concluded that there were 10,-721 signatures of qualified electors, a sufficient number to place the Petition on the ballot.

The Petition was presented to the City council, which refused to place it on the ballot. In a letter dated June 22, 2004, the City informed the Coalition that the matter was not a proper subject for the initiative process since the Petition improperly sought to implement an administrative act, rather than a legislative act, through an initiative election. The City directed the Boise City Attorney to file an action concerning this matter, and on August 27,2004, the City filed a Petition for Declaratory Judgment. The City asked the district court to declare that the City is not authorized or required to hold an initiative election in this case.

The district court granted the declaratory judgment, ruling that the City is not authorized to hold an initiative election upon the Petition, reasoning that the City had a process for the placing of monuments in city [256]*256parks at the time of the proposed initiative. The Coalition appealed.

II.

STANDARD OF REVIEW

The standard of review for questions of law is one of free review. Electrical Wholesale Supply Co., Inc. v. Nielson, 136 Idaho 814, 825, 41 P.3d 242, 253 (2001).

III.

THE PROPOSED INITIATIVE IS NOT RIPE FOR REVIEW

Article III, Section 1 of the Idaho Constitution reserves power to propose and enact legislation to the people independent of the legislature. It provides in part:

The people reserve to themselves the power to propose laws, and enact the same at the polls independent of the legislature. This power is known as the initiative, and legal voters may, under such conditions and in such manner as may be provided by acts of the legislature, initiate any desired legislation and cause the same to be submitted to the vote of the people at a general election for their approval or rejection.

The manner in which the initiative power may be exercised is set forth in I.C. § 34-1701, et seq., and § 34-1801, et seq. Idaho Code § 50-501 states, “[t]he city council of each city shall provide by ordinance for direct legislation by the people through the initiative and referendum.” The City of Boise City achieved this when it enacted Boise Municipal Code § 1-22-01, et seq. Section 1-22-01 provides, “The People of this City shall have the right to enact ordinances through the initiative process, and to repeal ordinances through the referendum process, according to the procedures set forth herein.” The language of I.C. § 50-501 indicates that initiatives and referenda are to be used for legislation. This Court has held, “referenda and initiatives in Idaho are constrained to addressing ‘acts’ or ‘measures’ passed by a legislative body. In other words, a referendum can only seek to reject an ‘act’ or ‘measure,’ and an initiative can only seek to implement an ‘act’ or ‘measure.’ ” Weldon v. Bonner County Tax Coalition, 124 Idaho 31, 38, 855 P.2d 868, 875 (1993). If a subject is legislative in ñatee, it is appropriate for action by initiative. On the other hand, if the proposed initiative is administrative in nature, it falls outside the scope of action allowable by initiative. There is no bright line rule that clearly distinguishes what is legislative in nature, as opposed to administrative in nature.

The issue in this case is whether the initiative process should be interrupted by the Court to consider the validity of the initiative on an otherwise qualified initiative petition prior to submission to the voters. Such action would be consistent with this Court’s holdings in Weldon and Gumprecht v. City of Coeur d’Alene, 104 Idaho 615, 661 P.2d 1214 (1983), and the reasoning in Perrault v. Robinson, 29 Idaho 267, 158 P. 1074 (1916). The alternative is that recognized by this Court in Noh v. Cenarrusa, 137 Idaho 798, 53 P.3d 1217

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City of Boise City v. Keep the Commandments Coalition
141 P.3d 1123 (Idaho Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
141 P.3d 1123, 143 Idaho 254, 2006 Ida. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-boise-city-v-keep-the-commandments-coalition-idaho-2006.