Boise mayor botched contract with law firm to investigate Boise police racism | Opinion

The city of Boise’s handling of a contract with Steptoe & Johnson to investigate police racism was appalling and certainly no way to spend taxpayer dollars.

The city in December hired Steptoe & Johnson after learning that retired Boise police captain Matt Bryngelson, under a pseudonym, had posted a racist screed online, made racist comments in a video interview and was a featured speaker at a white supremacist conference.

Based on emails obtained through a public records request, Idaho Statesman reporter Ian Max Stevenson reported that Michael Bromwich, of Steptoe & Johnson, had estimated that a study could cost as much as $2 million. Meanwhile, Boise city officials wanted to get closer to $200,000.

“No reputable firm could do it for that amount,” Bromwich wrote in an email.

But Boise Mayor Lauren McLean charged ahead with secret negotiations and announced a deal for Bromwich to do the investigation for a cost “not to exceed” $500,000.

Just three months later, Steptoe & Johnson blew through that $500,000, which in hindsight shouldn’t be too surprising, given the fact that Bromwich had estimated a cost of $2 million.

Once they found out Steptoe & Johnson had indeed exceeded $500,000, city officials put an end to the study.

Bromwich, perhaps predictably so, told Boise City Council that he hadn’t completed the study — and he was owed more money than the original $500,000 agreed upon.

As early as Nov. 30, Bromwich even warned city officials about putting a spending cap on the contract.

“No one had mentioned that and we cannot agree to any kind of cap,” Bromwich wrote in an email. “One of the hallmarks of an independent investigation is that we go where the evidence leads us, subject to the agreed-upon scope. That is consistent with neither a time limitation nor a budget cap.”

McLean failed to communicate properly with City Council members, let alone the public.

City Council President Holli Woodings told the Statesman that Bromwich’s initial estimates were “not communicated to the council.”

“I think that different members of council had a different understanding,” Woodings said, adding that some members thought the full investigation could cost considerably more, while others were not interested in allocating more funds.

Only council member Luci Willits pushed back, voting against anything beyond $500,000, recognizing that Steptoe & Johnson went over budget.

But member Patrick Bageant, an attorney, said he knew a full investigation would go over $500,000.

As of early June, Steptoe had invoiced for $671,297.

What a disaster. This is no way to run a city.

If Bromwich was estimating a study could cost as much as $2 million, be upfront with the council and the public, and let the taxpayers know.

Here’s the other thing to consider: It’s clear from the emails obtained by the Statesman that $500,000 probably wasn’t going to go very far. Had McLean simply been open and honest, a better decision could have been made.

If, after being upfront, honest and transparent with the public, the city had to walk away from the deal, then walk away.

Honestly, Bromwich should have walked away, too, after the city asked whether he could do it for $200,000. He should have known then that the city was going to try to cheap out on him. He even saw the writing on the wall.

“I just don’t want the mayor or you to have to explain to council or the public how the amount so substantially exceeded the initial estimates,” Bromwich wrote in an email to the city. “That happened to me once when I worked for a city many years ago. Although everything turned out fine, I vowed never again to be in that position.”

But that’s exactly what happened.

Bromwich said he felt misled and regrets having taken the contract.

“If I had been told there was going to be any kind of cap at the beginning, I would have walked away,” he told the Statesman.

And yet, on Dec. 1, 2022, Bromwich signed the contract with the city – agreeing to a “not to exceed” amount of $500,000.

“The city will compensate Steptoe for services provided by key personnel at a rate of eight hundred twenty-five dollars ($825) per hour up to but not to exceed the cumulative total amount of five hundred thousand dollars ($500,000)(“Not to Exceed Amount”),” according to the contract. “Steptoe shall not continue to perform services and shall not charge the city for services performed if and once the Not to Exceed Amount has been reached.”

Yet he did, and now the city taxpayers are on the hook for an additional $171,297. The city has agreed to pay $150,000 to cover “loose ends” and to allow Steptoe to prepare its findings.

In the end, a lot of people were caught off-guard. Bromwich feels he was, council members certainly were, and, most importantly, taxpayers definitely were.

Had the mayor been upfront and transparent, all of this could have been avoided.

It’s too late in this case, but let this serve as a lesson: Be honest with the public.

It’s our money you’re spending.

Statesman editorials are the unsigned opinion of the Idaho Statesman’s editorial board. Board members are opinion editor Scott McIntosh, opinion writer Bryan Clark, editor Chadd Cripe, newsroom editors Dana Oland and Jim Keyser and community member Mary Rohlfing.