Idaho AG’s office says it won’t prosecute Rodriguez

The Idaho Attorney General’s Office found Nez Perce County Sheriff Joe Rodriguez evaded taxes each year from 2014-18 by “willfully failing to report earned income” and misused a county credit card to buy dinner for his wife, but the AG’s office will not prosecute either case against Rodriguez.

Rodriguez was being investigated by the attorney general because of several citizen complaints filed over allegations of misuse of funds, tax evasion and campaign finance violations.

Two criminal violations of law by Rodriguez were found by the investigations that began in 2018, but most of the allegations against the two-term sheriff were found to not violate Idaho criminal law. The findings were provided to the Tribune through public information requests of the county and the Idaho Attorney General’s Office.

Rodriguez on Thursday evening questioned the timing of the release of the investigation’s findings shortly before Tuesday’s election and called the findings “frivolous things.”

“The people of the county also need to ask themselves if these complaints were sent two years ago and I was contacted about them over one year ago, why did it take the Attorney General’s office so much time to send letters to Justin Coleman,” Rodriguez said in a written statement. “Also question, why weren’t the AG’s letters sent to me about these issues involving me. Seriously, why the delay and why now?”

The findings by the attorney general’s office were made known to Nez Perce County Prosecutor Justin Coleman in letters the county received Wednesday.

The letters said Rodriguez evaded taxes on $4,986 of income from checks paid to Rodriguez for work he performed as an off-duty mechanic from 2014-18, which resulted in the state not receiving $365 in taxes from Rodriguez.

The attorney general’s office also declined to prosecute the case because “the state would only be able to prove a small loss of revenue to the State of Idaho in an amount less than $400 over five years,” the letter written by Deputy Attorney General Colleen Zahn said.

The Idaho Tax Commission intends “to pursue an audit of Sheriff Rodriguez’s tax returns, which could include seeking appropriate remedies and penalties for failing to report earned income,” Zahn’s letter said.

The allegations that were investigated suggested Rodriguez earned $10,000 to $12,000 per year from mechanical work that he did not report on his taxes. Those allegations were not supported by the evidence the investigation found, Zahn’s letter said.

The allegations were made on Dec. 5, 2018, by Nez Perce County Sheriff’s Office Lt. Eric Blinn, who contacted the attorney general’s office regarding a public complaint of corruption against Rodriguez.

“(Lt.) Blinn indicated in an interview with this Office that Rodriguez had admitted not reporting income received from mechanical work,” Zahn’s letter said. “Blinn’s recollection was corroborated by former Nez Perce County Undersheriff Bryce Scrimsher and Nez Perce County Sheriff’s Office (Sgt.) Rodney Taylor.”

Scrimsher, an independent candidate for sheriff, is attempting to unseat Rodriguez, a Republican, in Tuesday’s general election. Taylor is the president of the Fraternal Order of Police Lodge #32, which this week called for Rodriguez to resign because he released confidential personnel information to an anonymous Facebook page LC Valley Corruption this summer.

The date of the allegations was also soon after Scrimsher was fired by Rodriguez as undersheriff in November 2018.

“With regard to the tax issues, I am not a tax guy,” Rodriguez said. “The Attorney General’s office chose not to take action and referred the matter to the Tax Commission. My wife and I were contacted over a year ago about providing information to the Tax Commission. We provided all the information that was requested. To this day, we have heard nothing from the Tax Commission about any wrongdoing or a need to pay unpaid taxes. Again, the people of Nez Perce County have to look at the facts, the complaints from years ago and the action taken by the Attorney General’s office and the Tax Commission.”

The AG’s investigation also revealed Rodriguez used a county credit card to buy a meal for him and his wife at Tomato Bros. in Clarkston on Sept. 11, 2018. The county card was charged $47.81.

“The circumstances indicate this purchase was for a personal purpose and there is insufficient evidence to establish that the purchase was for the benefit of the county,” Zahn’s investigation found. “As such, it appears Sheriff Rodriguez violated Idaho Code (section) 18-5701.”

Instead of prosecuting the sheriff, the investigation found a nonjudicial remedy was appropriate. The investigation recommended Rodriguez reimburse the county $47.81 and that the county provide the sheriff training on the appropriate use of county credit cards. The investigation also suggested all elected county officials receive the training, which could be provided by ICRMP.

“A mistake was made regarding the credit card, but this is the first I have heard about it being wrong,” Rodriguez said. “I openly discussed these issues with the people that called me about them from the Attorney General’s office. The people of Nez Perce County might want to remember this fact when looking at what has now come from the Attorney General’s office just five days before the election.”

The allegations of credit card misuse were made by Nicholas Woods to the attorney general’s office on Dec. 21, 2018, and Feb. 4, 2019. Three of the four allegations made by Woods were not violations of the law, according to the AG’s investigation.

One of the allegations was for Rodriguez’s wife using the county credit card to buy him work boots, which cost $153.98 with taxes, but did not cost more than a $150 allotment before taxes that each sheriff’s office employee was allowed.

Also, the investigation found the sheriff did not misuse the county’s credit card when he took his nephew to Waffles N’ More because his nephew is a certified behavioral analyst and a member of Arizona State University faculty, and their meeting was about inmate behavioral issues at Nez Perce County Jail and as such was a benefit to the county, the investigation found.

And the third allegation for which the investigation found no wrongdoing was when Rodriguez auctioned off a ride-along where the proceeds went to the Willow Center that helps children, teens and their families grieve the death of a loved one. “The sheriff’s donation of the county’s time, resources, and the purchase of a meal for the winning bidder can be considered community outreach and a benefit to the county,” the investigation found.

“People will need to actually review these complaints to understand what sort of person complained about my buying work boots, asking an expert help with regard to jail issues and doing a ride a long as a benefit for the Willow Center,” Rodriguez said.

The investigation also did not find evidence that Rodriguez used a county credit card or sought reimbursement for an alleged purchase of lunch and alcoholic beverages for volunteers after an event at the Waha Bar and Grill on May 14, 2016.

“But again in my eight years in office as sheriff of this great county, this is all they can come up with,” Rodriguez said. “I hope the voters can see this for what it is. I also hope the Tribune will report it for what it is, and question the sort of person who would file a complaint about a ride along that benefited a great charity like the Willow Center.”

The Nez Perce County Board of Commissioners and Coleman issued a joint statement that said the training would take place.

“Other actions are also being considered, such as reviewing the county’s credit card policy and considering additional protocols that may be implemented to ensure that county resources are being used appropriately,” the statement from commissioners Don Beck, Douglas Havens, Douglas Zenner and Coleman said. “Other findings made by the Attorney General’s office will be further reviewed by the Board of County Commissioners and the Prosecutor in order to determine what, if any, action may be required in order to prevent further liability to the people of Nez Perce County.”

A complaint about Rodriguez disclosing confidential personnel information to the Facebook page was discarded because the complaint did not allege a violation of Idaho criminal law.

“While these actions may create a risk for civil liability for Nez Perce County, your complaint does not allege conduct that violates Idaho criminal statutes,” Zahn’s letter said.

The investigation also did not find violations of Idaho’s campaign finance laws by Rodriguez. The allegations were that he made campaign finance reporting violations, improperly appointed himself as treasurer of his campaign and improperly used campaign funds for his personal use.

The reporting errors were “clerical in nature, captured by the County Clerk’s office, and immediately remedied by Sheriff Rodriguez by way of an internal audit completed by an attorney,” Zahn’s letter said. Idaho law allows a candidate to appoint himself as his own political treasurer, and the investigation found the sheriff loaned his campaign $10,000 and payments from the campaign to Rodriguez were loan repayments and he forgave more than $6,000 in outstanding loan balance.

Rodriguez has held the position of sheriff in Nez Perce County since winning the 2012 general election. He is seeking a third term in Tuesday’s election against Scrimsher.

Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.