[Vision2020] questions for Paul Kimmell

Wed Aug 11 11:16:27 PDT 2004

Bill,

Thank you for the research.  I eagerly await the answer by Paul Kimmell.
However, I will not fast until one is forthcoming.

There is another way of looking at the matter.  Some of what follows is
repetitive from earlier posts but off-list messages from some of Kimmell's
admirers indicate they still don't get it.

1.    Kimmell is a member of the cult and as such supports it and the
promulgation of its ideas financially.

2.    As you point out, Kimmell is employed by and thus profits from by the cult
in the acquisition and maintenance of financial assets.

3.    Therefore, Kimmell is a fiduciary agent of and has a fiduciary duty toward
the cult.

4.    Kimmel is a fiduciary agent of and has a fiduciary duty toward the
citizens of Latah County by virtue of his being a commissioner.

5.    Kimmell is a fiduciary agent of and has a fiduciary duty toward the Moscow
Chamber of Commerce by virtue of being, for now, its executive director.

6.    In all three of these positions Kimmell is paid for, and thus profits
from, being a fiduciary agent.  His continuance in each of these roles depends
upon his performing these fiduciary duties satisfactorily.

My understanding of the law and associated case law on fiduciary duties indicate
that when conflicts arise for an person (or organization) between fiduciary
duties, the conflict must be clearly and completely declared, and the fiduciary
agent with the conflict must have the approval of all parties to the conflict in
order to proceed.  Even then in some cases, by statute or contract, the agent
must remove themselves completely from the matter under consideration.

I am disgusted that the Latah PA very narrowly defined the conflict of interest
investigation of Kimmell by outside counsel.  Not only was only one incident,
very restricted evidence, and one statute considered, but nothing was said about
Kimmell's role as a fiduciary agent and whether he acted properly in such role.

I hope that your and other's efforts will lead to some further official
investigation and appropriate action.

Kimmell's intimate paramours and apologists, Jon Kimberling and Tom Hudson,
attempt to argue that we have wrongly interpreted the following excerpt from the
Christ Church Cult minutes:

"Doug Wilson reported that Paul Kimmell, in his role as County Commissioner, is
open to oversight from the elders on certain issues."

Both claim that "oversight" (despite its normal meaning) really only means
"input."

Read again:

"Doug Wilson reported that Paul Kimmell, in his role as County Commissioner, is
open to oversight from the elders on certain issues."

1.    Kimmell is by the nature of his duties as commissioner open to input from
all citizens including the cult elders on virtually ALL issues.  There is no
need to place in the cult's minutes any statement of duty.

2.    But notice the use of the phrase "certain issues."  If "input" is what was
intended, the word "certain" is surely superfluous, since Kimmell is by
statutory duty open to input on all issues from the elders as Latah citizens.
He could hardly limit the elders' rights to input to "certain issues."

Hence, the use of "oversight" in its normal meaning as below is what is
intended.

Oversight: ... 2. Watchful care or management; supervision. (American Heritage
Dictionary)

Like many others, I find Kimmell's silence on these matters to an arrogant,
cowardly, and anti-public act.  This issue is not going to go away -- not for
Latah citizens/voters or chamber members.

Thank you again for the accurate, document based information.

Wayne

Art Deco  (Wayne Fox)
deco at moscow.com

----- Original Message ----- 
  From: bill london
  To: Paul Kimmell ; Vision2020
  Sent: Wednesday, August 11, 2004 9:22 AM
  Subject: [Vision2020] questions for Paul Kimmell

              From the Latah County Prosecutor's Office, I recently received a
small packet of documents, public records from the investigation of Paul Kimmell
and the charges that, despite conflict of interest, Kimmell voted on property
tax exemptions for Doug Wilson's church and college.

              These records are copies of minutes of the meetings of the Christ
Church governing body, the Head of Households, during the period November 2000
to September 2001.  Paul Kimmell was appointed Latah County Commissioner in
March of 1999.  Doug Wilson first applied for property tax exemption for his
church property in 1996 (a building at 116 West 6th that has now been sold by
the church and is no longer exempt).  The Commissioners legally must review and
accept all property tax exemptions every year.

              The first of those records (Head of Households meeting on November
7, 2000) includes a report on the church's efforts to buy land for a new church
building: "land acquisition, for which Paul Kimmell has been hired to help in
negotiation."

              The Head of Households report for December 5, 2000, includes:
"Paul Kimmell reported that he has been working with Mr. Hall's attorney
regarding the purchase of land.  He has been working with the Kenworthy family
regarding the parcel of land to the east of our property."

  The Head of Households report for January 2, 2001, includes: "Paul Kimmell
will be meeting on January 5 with the owner of the property..."

              The Head of Households report for May 1, 2001, includes in the
church building section: "Roy Atwood reported that he and Paul Kimmell have been
trying to schedule a meeting with Mrs. Kenworthy."

  My questions for Paul Kimmell:

    1.. According to these records, you were hired by the church before November
7 of 2000, and were still working for the church in May of the next year when
the reports in the file conclude.  When did your contract end, or are you still
under contract to the church to help with land acquisition?
    2.. Since 1999, as a member of the Latah County Commissioners, you reviewed
the requests for property tax exemption by the church that employed you.  Until
the issue of conflict of interest was brought forth by Rose Huskey and Saundra
Lund in the hearing in July, you never excused yourself from those decisions.
Why?

  BL

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