Other Views: Trust in people on jail issue

Agreed: Burleigh and Morton counties should build and operate a new jail.

Beyond that the county commissioners, at this early stage in deciding jail issues, are of several minds — such as where to get the estimated $50 million for jail construction. Some want to establish home rule and use sales tax. Others would rely on general obligation bonds, paid off by property tax collection and/or sales tax.

The division between the commissions is driven, in part, by a sense of urgency. Sheriffs Pat Heinert and Dave Shipman will tell you they could use those cells now and that waiting two or more years would put undue stress on local law enforcement, with the consequences felt by the public.

The public cares about this because $50 million doesn’t come easy. Further, people lean toward locking up those charged or convicted of crimes, especially those of a violent nature. For that to happen, more cells are needed.

The issue becomes: How do we get there?

Give the commissioners credit. They are talking through all of the options. They’ve put the numbers on paper dozens of different ways, trying to find the most cost effective, doable answer. They’ve done it openly, in public meetings.

The counties also are on solid ground in establishing need. A study was done, and it recommended a joint facility.

The key to the development of a combined jail of some form must be public involvement. The county commissions should not avoid a public vote on financing and taxes. With $50 million at stake, there absolutely should be an up-or-down vote by the taxpayers.

Countywide votes might stretch the timeline; however, spending of this magnitude justifies the delay.

In recent talks, the Burleigh County Commission has focused on two options. The first, a multi-step process, would require the state Legislature change the law so that the county could have a vote on home rule and a sales tax in a special election. That special election might be necessary in Morton and Burleigh counties.

The second option would be for the counties to lease-purchase the jail from a third party. The costs could be picked up by general obligation bonds and/or sales taxes. This second option would not, by law, require a vote of the public.

The home rule/sales tax option could pay off the jail in as little as five years. The lease-purchase option might be for as long as 20 years.

Woven into the thinking over the pros and cons of how to fund the jail is the fear that citizens, faced with a vote to build a $50 million jail, will see little personal benefit and vote no. Jails, typically, have been hard sells.

Be that as it may, we believe taxpayers ought to have a voice on such a large expenditure, whether a jail gets paid for by home rule and sales tax or through a lease purchase agreement. To avoid a vote because local officials believe taxpayers will object runs counter to good government. To push a $50 million expenditure through without a vote, to save time, fails to acknowledge that taxpayers have to work for their money.

Bismarck-Mandan voters have recently approved bond issues for school construction. The Bismarck bond for $86.5 million passed by an 85 percent super majority. In both cases, school boards worked aggressively to provide the public with information prior to the vote. The public was much less well informed on a vote over the proposed expansion of the Bismarck Civic Center, and it failed.

Along the way, public officials have to have some faith that taxpayers will make the right decision.

Tags: opinion, editorials