D91 employees reach settlement in civil complaint over use of school board money
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IDAHO FALLS – One current and one former Idaho Falls School District employee agreed to a settlement on Thursday after they were accused of illegally advocating for a school bond using school board money.
Bonneville County Prosecuting Attorney Randy Neal announced on Monday that former Idaho Falls School District 91 Superintendent James Shank and current D91 Director of Communications Margaret Wimborne had agreed to settle the case for $250.
As a compromise, the prosecution agreed to accept the equivalent of one civil penalty fine instead of requiring two for each employee accused.
“A reasonable settlement of this case is in the best interest of taxpayers because it saves taxpayers litigation costs,” Neal said in a news release. “We believe, however, that a strong message has been sent that the Bonneville County Prosecuting Attorney is committed to enforcing the Public Integrity in Elections Act and it appears taxing districts throughout the area are being more cautious when spending public money or using public resources on election issues.”
Because it was a civil action case, it is expected to be dismissed after the settlement amount is paid.
According to Neal, Bonneville County has already received a check for $250 from the attorneys for D91.
“In a civil action, no one is required to “plead guilty” or acknowledge they did something wrong,” Neal said in the release. “Also, since this is not a criminal case, it does not result in a conviction on someone’s “record.”
The civil action alleged that Shank and Wimborne violated the Public Integrity in Elections Act by “authorizing the use of school district funds and resources to produce and distribute several fliers, posters and bookmarks, which offered reasons why voters should pass the bond,” according to Neal’s release.
According to the Act, “it is against the public policy of the state of Idaho for public funds, resources or property to be used to advocate for or against a candidate or ballot measure.”
In 2022, a $250 million school bond meant for a new high school, two new elementary schools and a renovation of Skyline High School failed to pass on the ballot during the November general election. It was the largest bond D91 had ever asked the public to approve and 58% of voters said yes while 42% of voters said no.
The official complaint alleged that on Aug. 4, 2022, Wimborne ordered posters and postcards from Teton Printing relating to the bond issue. Twelve days later, the items were paid for in full with Idaho Falls School District 91 funds in the amount of $635.40.
On Sept. 26, Wimborne ordered 7,925 bookmarks for the District 91 bond issue from Teton Printing. Sixteen days later, the bookmarks were paid in full using school district funds in the amount of $919.05.
On Oct. 10, Wimborne ordered a digital run and postage run of District 91 bond issue material from Alpha Graphics in the quantity of 24,101. Fourteen days later, it was paid in full using $12,649.60 in school district funds, according to the complaint.
The complaint alleged that both Shank and Wimborne admitted to Bonneville County investigators that district funds were used to produce bond material before the general election, and that the material was distributed through the use of district schools and property.
Shank also reportedly admitted to authorizing the use of the funds to produce District 91 bond issue material, and that opposition material was not allowed to be distributed in the same manner as pro-bond material in either distribution or in time at meetings.
The Idaho Falls School District Board of Trustees denied any wrongdoing and says factual information was legally printed and distributed to patrons.
The district released a settlement on Thursday night, stating they were pleased to announce the agreement had been reached.
“Idaho Falls School District 91 is pleased to announce it has reached an agreement regarding the elections complaint the prosecutor’s office filed earlier this year,” says the release. “The district will continue to provide its valued parents and patrons with the information needed to make voting decisions in accordance with state statutes.”