Idaho Statesman

IDAHOSTATESMAN:AMcClatchyNewspaper,1200N.Curtis Road, Boise, ID •P.O. Box40, Boise, ID83707 • (208)377-6200•©2015 IdahoStatesman,Vol.150,No. 341, 3 sections, 26pages

‘SYSTEMATIC CORRUPTION’ IN U.S. CUSTOMS NEWS, A6

SEARINGHEAT

101° / 68° SEE A12

INSIDE TODAYANEWS&SPORTSCatchingUpA2-3 | LocalnewsA4-5 | BusinessA4, 7 |Nation/WorldA6-7 | SportsA8-11 |WeatherA12 | StocksA12DDEPTH RobertEhlertD1 |OpinionsD2 | Letters to theEditorD2 |GuestopinionsD2 | EditorialCartoonD2 | LegalAdsD5-6EEXPLORE Recipes E1 |CarolynHax E1 |Comics E2-3 |Horoscopes E3 | Puzzles E3 |TVE2 |Obituaries E5|Classifieds E6-8

STAYING COOL, HELPING OUT

Boise rallies behind mantaking cold water to

homeless people NEWS, A5

FOOD ON FOURTH

KEEPING IT SIMPLEWITH CHICKEN, SALAD

EXPLORE, E1

BUSINESS

Roofing scamin E. Idaho haspeople on alert

NEWS, A4

1813

461-

01

All prices plus tax, title and dealer documentation fee of $299. Limited to stock on hand. See dealer for details.

866-784-3246

2015THOR PALAZZO 35.1

sale pRice$146,205 THF024

$1 WEDNESDAY, JULY 1, 2015

LaverleBreshears, theownerofBreshearsChiropracticLifeCenter,7750W.CrestwoodDriveinBoise,becamealicensedIdahochiropractor in1981.But inthe late 2000s, his patients began filing complaints with the state. Years afterthose complaints began, the state board suspended his license. The States-man’s Audrey Dutton reviewed hundreds of pages of documents to find outwhathappenedandwhat’snext.DEPTH,D1

HEALTH CARE

BOISE CHIROPRACTORACCUSED OF MISDEEDSState board says he misled and mistreated several patients for years

AUDREY DUTTON / adutton@idahostatesman.com

NearlysixhoursintotheBoiseCityCouncil’shearingontheproposedSt.Luke’sexpansionDowntown,peoplewerestill in linewaitingtogivetheir twocents,jeopardizing a Tuesday night vote. NEWS, A4Check IdahoStatesman.com todayforupdates.

ST. LUKE’S

CITY COUNCIL HEARINGIS NO QUICK OPERATION

DefenderJulie Johnston, right,helpedgoalieHopeSolorecordanothershutout,andtheU.S.gotgoals fromCarliLloyd(penaltykick)andKelleyO’Hara(beautiful flyingkick) tobeatGermany2-0.TheU.S.willplaythewinneroftonight’sEngland-JapangameinSunday’s final.TheU.S. lost toJapaninthe2011 final.SPORTS,A8

WOMEN’S WORLD CUP

U.S. ONE WIN FROM TITLE

TheSupremeCourthas four justicesappointedbyDemocratsandfivebyRepublicans,butbystickingtogetherandoftenbeing joinedbyoneortwoontheconservativeside, the liberalsscoredmajorvictories this term.NEWS,A6

SUPREME COURT

LIBERALS OUTNUMBEREDBUT NOT OVERPOWERED

TheWorldWideWebwas just takingoff,thrillingcompanies,programmersanduserswiththepossibilities. InWashington,agroupofcomputergeniuses, includingPeiterZatko, left, toldsenators that thesecuritywasfar too lax.Theresultsof thoseunheededwarningsarewell-known.DEPTH,D1

THE INTERNET

HACKERSWARNED U.S.OF ONLINE RISKS — IN ‘98

TODAY’SQUESTION

Robert Ehlertrelates somefiery feedbackon issues D1

ONTHEMOVE:Seevideoof the late-nightrelocationofahistoric,architectu-rallysignificantCentralAdditionhousethat isbeingsavedinBoise.IdahoStatesman.com

ON THE WEB

Fightinganti-smokingmeasuresofallkindsaroundtheworld, theU.S.Cham-berofCommerceandits foreignaffil-iates lightupopponents.NEWS,A7

THANK YOU FOR SMOKING

U.S. CHAMBER HAMMERFOR TOBACCO INDUSTRY

GUEST OPINION

Pope’s attention to climate,ecosystem is welcome D2

An investigation into a Boiseprofessional turns up a pattern of

questionable treatmentBY AUDREY DUTTON

adutton@idahostatesman.com© 2015 Idaho Statesman

Boise chiropractor Laverle Breshears faces alicense suspension for exploiting patients fi-nancially, giving them unnecessary or uselesstreatment, misdiagnosing them, and violatingthe standardsof care and licensing rules for thestate.According to documents from the Idaho

BoardofChiropracticPhysiciansanditsadmin-istrativepartnertheBureauofOccupationalLi-censes, Breshearsput patients throughyears oftreatments,multiple timesaweek.Those treat-ments might have hurt the patients instead ofhelping them.An85-year-oldwomancametoBreshears for

backpain, andhediagnosedwhat turnedout tobe breast cancer as a yeast infection, and pre-scribednutritional supplements.One 9-year-old patient came in with A.D.D.

andendedupgetting fiveyearsof spinal adjust-ments, with no record of improvement in thechild’s attention-deficit issues.Afamilyof threesignedupforaprogramthat

costmore than $8,000over three years, thoughonly one of their “treatment plans”would havelasted that long.After the family decidednot togo toBreshears anymore, his office sent themabill for$3,000.

HEALTH CARE

The chiropractor’sstandards of care

LaverleBreshearsas shownon his web-site for hischiropracticbusiness.

See BRESHEARS, D4

READ THE DOCUMENTS FROM THE BRESHEARS CASEIdahoStatesman.com

WHAT HAPPENED WHEN A timeline of eventssurrounding patients whose care led to the board’sactions. D4

D LETTERS TO THE EDITOR D2 • LEGALS D2 WO2715

DepthDid you have a mentor growing up?A teacher, coach, friend? How did

that person affect your life?JOIN THE CONVERSATION AT FACEBOOK.COM/IDAHOSTATESMAN

D LETTERS TO THE EDITOR D2 • LEGALS D5-6 WEDNESDAY, JULY 1, 2015

Depth

W easkedaboutyourpasttriple-digit temperatureexperiencesandhowyou

coped.Weaskedwhatyouthoughtof

BoiseMayorDaveBieter’sdeci-siontoremovetheMississippistate flag frominfrontofCityHall.

Andthenweaskedwhatyouthoughtof theSupremeCourtrulingonsame-sexmarriage—whether it struckyouasa“consti-tutional”conclusionoranactof“legislatingfromthebench.”

TheseareamongthetopicspostedonToday’sQuestionsincewelaunchedthefeatureonFa-ther’sDay.

Youranswershaverunthegamutfrompithytopitchedtopolarized,especiallyonthemat-tersof theMississippi flagandthecourt’smarriageruling.

Iwilloccasionallyusethisspacetodoarecapfor thebenefitofthosewhohavenotyet foundtheirwaytoFacebooktogiveare-sponse. It’seasy.

Thenewseventsof lastweekwerepretty incredible:abunchofSupremeCourtrulingscoveringeverythingfromtheAffordableCareAct tothealtar, theConfeder-ate flag flap, theescapedprisonersinNewYork,andtheAdamDeesguiltypleatotriplemurder intheTreasureValley.

Herearesomeresponses toafewofourToday’sQuestionssofar.

Oncopingwiththeheat . . .Terri JoHeimarkFeilzer I livedin

Phoenix in1990whenithit 122.Eventhepoolwaterwaswarm.Theradiostationfriedaneggonthepavement.Westayedcoolbygoingtothemovietheater.

TraciePickens-Jones I livedinPhoenixthesametimeyoudid,Terri, Ibeat theheatbymovingandneverhavingtodealwith122degreeseveragain!!!

DaleJenkins 131°RiyadhSaudiArabia. 119° in theshadeof theplanesonthetarmac.

OnBieterremovingtheMis-sissippi flag. . .

MatthewMueller IagreethatMayorBieter’saction issomewhatreactionary,butultimatelyIbe-lieve it tobethecorrectchoice.

JeffHewitt Itwasastupidreac-tionarymove.

DonLarsenBieter isa followernota leader. It’sastate flagnotaCivilWarflag.Theflagdidn’tmakethispersonkillpeople. Is thistheBieteryouvotedfor????

NeysaJensen I think it isagoodmove.Ourcitystandsfor inclu-sion,acceptance,diversity.

TeriFinnLupoliGood.JimTrotterChoosingtochastise

Mississippibyremovingitsstatesymbol isanactofprejudiceanddiscrimination,nodifferent thanjudgingapersonbytheclothestheywearor thecolorof theirskin.If themayorwants toremoveoneflag,heshouldremovethemall.

Onthesame-sexmarriage

See EHLERT, D3

Eyes on IdahoROBERT EHLERT

Today’sQuestionsdraw fire

WASHINGTON — The sevenyoung men sitting before some ofCapitol Hill’s most powerful law-makers weren’t graduate studentsor junior analysts fromsome thinktank. No, Space Rogue, Kingpin,Mudge and the others were hack-erswhohadcome fromthemyste-riousenvironsofcyberspacetode-liver a terrifying warning to theworld.

Your computers, they told thepanel of senators in May 1998, arenotsafe—notthesoftware,notthehardware, not the networks that

linkthemtogether.Thecompaniesthat build these things don’t care,the hackers continued, and theyhavenoreasontocarebecausefail-ure costs them nothing. And thefederalgovernmenthasneithertheskill nor the will to do anythingabout it.

“If you’re looking for computersecurity,thentheInternetisnottheplace to be,” said Mudge, then 27and looking like a biblical prophetwith long brown hair flowing pasthis shoulders. The Internet itself,headded, couldbe takendown“byanyof theseven individuals seatedbefore you” with 30 minutes of

well-choreographedkeystrokes.The senators — a bipartisan

group including John Glenn, JoeLiebermanandFredThompson—nodded gravely, making clear thatthey understood the gravity of thesituation. “We’re going to have todosomethingaboutit,”Thompsonsaid.

What happened instead was atragedyofmissedopportunity,and17 years later theworld is still pay-ingtheprice inrampant insecurity.

The testimony from L0pht, asthe hacker group called itself, was

/ TheWashington PostThe hackers, shown outside their hotel on the morning of their May 1998testimony, are, from left: Kingpin, Brian Oblivion, Weld Pond, Tan, Mudge(kneeling), Space Rogue and Stefan von Neumann. Link to a video of twoof the hackers talking to TheWashington Post about how they met — andhow they ended up on Capitol Hill — at IdahoStatesman.com.

TECHNOLOGY

In 1998, some hackers testified that the Internetwould become a security disaster. Nobody listened.

BY CRAIG TIMBERGTHEWASHINGTON POST

See HACKING, D3

AUDREY DUTTON / adutton@idahostatesman.com

A mural at Breshears Chiropractic Life Center advertises care.

D4 ● WEDNESDAY, JULY 1, 2015 IDAHO STATESMAN ● IDAHOSTATESMAN.COM

And one woman spent 11months doing painful exer-cises that Breshears told herwould delay hip surgery byregrowinghercartilage.

“The idea that he can re-grow cartilage? If that wastrue, he would have a lineoutside his door fromChinatohere. Itwouldbea revolu-tionary breakthrough,” thewoman’s husband told theStatesman. “It gives chiro-practors a bad (name), andthat’s unfortunate becausetherearegoodchiropractorsout there.”

Despitewhat are present-ed as severe and persistentproblems,theIdahoBoardofChiropractic Physicianstook years to prosecuteBreshears after receivingcomplaints, and the board isnot seeking to revoke his li-cense.

Four years elapsed be-tween the first patient-carecomplaint filed againstBreshears and the board’sfirst disciplinary complaintfiled against the chiroprac-tor.

The Board of Chiroprac-tic Physicians wants to sus-pend Breshears’ license for60 days, put his license onprobation for a year, forcehim to retake examinationsand take classes, and havehim pay a fine of $2,000 and35 percent of the roughly$100,000inattorneyfeesandcosts for prosecuting him.Breshears is contesting theboard’sdecisionincourt.

Breshears did not returnmessages from the IdahoStatesman. His receptionistsaidshewasinstructednottotalkwithaStatesmanreport-er.

“My client would love togive a statement, however, Ihave legally advisedhimnotto, as thematter is currentlyunder appeal,” Breshears’lawyer Lawrence E. Kirken-dall said in anemail. “What Icandiscloseisthatamajorityof the charges were dis-missedafterhearing.There-mainingchargesarependingappeal and we remain opti-misticthatwewillobtainjus-tice forDr.Breshears.”

Breshears mounted a de-fense that frustrated thehearingofficerandothersin-volved in his case. At onepoint, the hearing officerwondered how much timeand money Breshears hadwasted by delivering crucialdocuments after the pro-ceedings were already un-derway. The transcript forBreshears’ hearingendedupbeing 2,900 pages long, theofficer noted, and the boardended up dropping most ofits 18countsagainsthim.

In his defense, Breshearssays the board violated hisdueprocessrightsbynotgiv-ing him adequate notice andexplanation of the chargesagainsthim,andhedeniesallof the allegations againsthim.

From the time investiga-torsgathered“the firstbatchof files” in 2008, until thetime five years later that theBureau of Occupational Li-censes filed its complaintagainsthim,Breshearswroteto the board, he was nevertold of “alleged problemswith my documentation, orothermisconduct,orthatthealleged problem with docu-mentation could subject metodiscipline.”

Had someone told himabout it in 2009 “and theboard provided to me or ar-ticulated to me the correctstandard I was to follow, Icertainly would have imple-mented that standard imme-diately,”hewrote.

He argues that the stan-dards he’s accused of violat-

ing are unconstitutionallyvague. He says “portions ofthedecisionswerearbitrary,capricious, or in abuseof theagency’s discretion.” Bresh-ears is now asking the 4thDistrict Court to review theboard’s action, which it is-suedinMarch.

THE INVESTIGATIONRecords leading up to the

disciplinaryactionshowthatprofessional reviewers toldtheinvestigatorsinchargeofreviewing complaints thatBreshears committed mis-conduct in treating at leastfour patients as early as fall2009.

The professional review-erswhosenames are redact-ed from public records toldtheIdahoBureauofOccupa-tionalLicenses—theagencythat performs investigativeand administrative work forthe Board of ChiropracticPhysicians and many otherstatelicensingboards—thatBreshears was not meetingprofessionalstandards.

One professional review-er the bureau consulted in2012onthe9-year-oldA.D.D.patient’scase filessaid itwas“oneof themostabusiveandnegligent cases he had re-viewed.” The unnamed re-viewer characterized it as“moreofacriminalcase.”

The records show prob-lems for which the board ei-ther did not, or found that itcould not, charge Breshearswithviolations.

Onlyoneofthefourchiro-practors on the state board—whichoversees635chiro-practors actively licensed inIdaho—respondedtovoice-mails from a Statesman re-porter. But the chiropractor,John Downey of Caldwell,just joined the board in Jan-uary and could not offer in-formationabout thecase.

The Bureau of Occupa-tional Licenses is the con-tracted service agency thathandles complaints and in-vestigations for theboard, aswell as for 28 other state li-censing boards. Dawn Hall,its administrative supportmanager, answered ques-tionsbyemailanddidnotre-spond to repeated requestsfor an interview with some-one at the bureau or a boardmember.

“The bureau generallyopens a case within a day ortwo of receiving the com-plaint. Each case is different,sothereisnosettimeline”formoving forward with disci-plineordecidingtoclose thecase, she said. “The bureau’sgoalistohaveallcasesinves-tigated within a year aftertheyarereceived.”

The bureau has 11 investi-gators around the state, Hallsaid. Three of those posi-tions have been added since2008 to keep up with back-logsandworkloads,shesaid.

Here is what the recordssay happened in the cases inwhich officials found Bresh-earshadviolatedthe law:

‘REDNIPPLE’V.H. was an 85-year-old

womanwhoinitiallywent tosee Breshears for back painbetween December 2007andFebruary2008.

In January 2008, Bresh-earsdiagnosedherwith“rednipple” andprescribedeightsupplementstotreatit.V.H.’sdaughter was suspiciousabout thediagnosis and sup-plements and accompaniedher mother to the next ap-pointment.

After that next visit, thewoman’s daughter “made anote of her conversation”with Breshears. Accordingto those notes, Breshearssaid “the nipple was pre-cancerous but had beencaught in time, being apluggedduct fromtoomuchyeast, that the supplements

were to address or ‘fix’ thered nipple, and that the nip-plecouldbreakopenanddis-charge, which would be asignofhealing.”

The daughter askedBreshears about a secondopinion, and Breshears sug-gested thermal imaging in-stead of a mammogram, tokeep V.H. from having to gothrough a biopsy and sur-gery. (TheAmericanCancerSociety recommendsagainst thermal imaging as asubstitute for mammo-grams.)

Breshears later deniedthatconversationhappened.Instead, he said “he wouldnot make such statementsabout red nipple, as red nip-ple is a sign of cancer,” ac-cording to the board’s re-cords. Breshears said he “as-sumed it was cancer but didnot want to scare V.H. andurgedV.H. to seek treatmentwith abreast surgeon for thenipple.”

V.H. underwent a biopsy,testing positive for malig-nant breast cancer, soon af-ter that visit. Breshears sayshe foundout about the biop-sy results, but his notes forV.H.’s many visits following

thebiopsysaynothingabouthernipple,cancer,surgeryorbreast. A hearing officer re-viewed the records and de-cided Breshears’ account ofwhat happened contradict-edwhathe’dwritteninV.H.’schart.

The woman’s daughterlater called Breshears’ officeto tell an employee not tocontact her parents, “sayingthat (Breshears) could havekilledhermotherbytreatingher cancer with herbal sup-plements.”

The patient, V.H., hassincedied.

“If she were alive today,her testimony would com-pletelyvindicatemeoftheal-legations made by herdaughter,” Breshears wrotetotheboard.

A reviewer for the boardfoundnodiagnosis in thepa-tient’s records that wouldjustify the 26 visits V.H. hadwith Breshears in a two-monthperiod.

“In short, it appears clearand convincing that Dr.Breshears, either misdiag-nosed the nipple, or evenworse,diagnoseditaspoten-tially cancerous and heldthat information back from

the patient,” disciplinarydocuments said. “It is clearand convincing that he triedto dissuade (V.H.) from get-tingafurtherevaluation,andthatheattemptedtotreatthe‘red nipple’ with supple-ments. Italsoappearsthathemayhavedoctoredhis chartnotes to show a referral fordiagnostic testing after thebreasthadalreadybeendiag-nosed.”

‘EXTENSIVETREATMENT’

K.W., N.W. and L.W. — awoman, her husband andtheir 9-year-old son—wentto Breshears in the summerof 2007. K.W. wanted “acheckup and (had) an inter-est in supplements.” N.W.hadbloodpressure and cho-lesterol issues as well as“fuzzy thinking.” And theirsonL.W.had“bowel issues.”

They signed a financialagreement that Septemberto pay $240 a month for 36months— $8,640 total — of“extensive treatment pro-grams.” The agreementdidn’t say which serviceswould be provided or thecharges for those services.TherecordsshowBreshearsalsobilledthefamily’shealthinsurance.

Breshears charged themforphysicaltherapyheneverdidandhad the familymem-bers come in for treatmentthree times a week, accord-ingtotheboard’srecords.Af-ter the family quit seeingBreshears in January 2008,after justfivemonthsoftheircontract term,his office sentthemabillfor$3,000.Theof-fice told the family the billwas their after-insurancebalance.

That’s when K.W. filed acomplaintwiththeboard.

“Was it financial exploita-tion?Theboardexpertopin-edthatitwas,”accordingtoahearing examiner’s report.“K.W. testified she believedshe had been exploited fi-nancially as a result of thetrust given to (Breshears).Shealsotestifiedthatshedid

not feel any different afterthe treatment, except for be-ing ‘lighter in the wallet.’(Breshears) explained thatthe reason no improvementwas noted by the family isthat they abruptly ended thetreatmentafterfivemonths.”

GRINDINGTHESOCKETAfemalepatient,L.G.,had

her first appointment withBreshears in October 2007.Over the next year, shewould have 107 more ap-pointmentswithhim.

L.G.’s husband, Allen, tes-tified at the Breshears disci-plinaryhearing.Heagreedtoan interviewwith theStates-man in mid-June, but heaskedthathislastname—anuncommon name he shareswithhiswife—notbeprint-edoutofrespectforhiswife’sprivacy.

What prompted L.G.’scomplaint against Breshearswas what happened after anorthopedic surgeon told hersheneededhipsurgery.

L.G. had been seeingBreshears for unrelated rea-sons, Allen said, and Bresh-ears told her he could helpheravoidhipsurgery.

“He said, ‘I can fix itthroughmytherapy,mysup-plements and my physicaltherapy and regrow the car-tilage in that area,’ ” Allentold the Statesman. “Whenpeople are desperate, theywillgivepeoplethebenefitofthedoubt.”

But Allen was skepticaland asked Breshears wheth-er he had successfully re-growncartilage onother pa-tients.Yes.Wouldheprovidereferences?Yes.

“My wife started the pro-gram”rightaway,Allensaid.

Butamonthwentby, thentwo months, and Breshearshadprovidednoreferrals af-ter repeated inquiries, Allensaid.

“By that time, I’m sayingthis guy is full of it, he’s a conartist,”Allensaid.

L.G.’s treatment “proved

AUDREY DUTTON / adutton@idahostatesman.comThe entrance to the Breshears office on the Boise Bench.

BRESHEARSCONTINUED FROM D1

Part of one of the many documents in the Breshears case.

See BRESHEARS, D5

WHATHAPPENEDWHEN?January 2003 toMay2011Patient K.S.goes to Breshearswith no obviouscomplaints about her health. She has230 appointmentswith Breshears andbuys 77 supplements.April 2006 to at least June 2011Pa-tient I.P., a 9-year-old girl, goes to Bresh-ears forA.D.D.Over several years,Breashers treats her 306 times, and herfamily buys supplements, but recordsshowno clear reason. As the treatmentsgo on, I.P. has pain, and her complaintsworsen.September 2007 to January 2008Patients K.W., N.W. and L.W., all familymembers, see Breshears for a variety ofreasons. K.W.wants “a checkup and(has) an interest in supplements.” N.W.has blood pressure and cholesterolissues aswell as “fuzzy thinking.” L.W.has “bowel issues.” They sign an agree-

ment to pay $240amonth for 36months of care.October 2007 to September 2008Patient L.G. starts treatmentwith Bresh-ears. She hopes to avoid hip surgeryafter a doctor told her shewould need it,and Breshears says he can “preventsurgery byworking on her hip in such away as to regrow cartilage.”December 2007 to February 2008PatientV.H. sees Breshears for backpain. Breshears diagnoses herwith “rednipple.” Breshears says he urged thewoman to seek treatmentwith a breastsurgeon and “assumed itwas cancer butdid notwant to scare” her. He prescribessupplements for the nipple, whichV.H.’sdaughter testifies Breshears haddeemed “precancerous” but “caught intime.”A fewdays afterV.H. accompa-nies hermother to Breshears’ office, V.H.gets a biopsy and learns it ismalignantbreast cancer. V.H. logs 26 visitswith

Breshears in a two-month period.November 2009 toMay2011PatientR.C. sees Breshears 66 times, and theboard finds that based on patient notesfrom the first appointment, Breshearsfails tomeet professional standards.June 2013 toMarch 2015The board’scontractor, the Bureau ofOccupationalLicenses, files a disciplinary complaint inJune 2013 against Breshears, allegingmultiple counts of poor care, exploitingpatients for financial gain and otherviolations of the law for chiropractors.Hearings take place in lateMarch andearlyApril 2014, and the board findsBreshears violated the law in his care ofeight patients.April 2015Breshears files for judicialreviewof his case, arguing that theboard violated his due process rights inseveralways.

AudreyDutton

IDAHO STATESMAN ● IDAHOSTATESMAN.COM WEDNESDAY, JULY 1, 2015 ● D5

LEGAL NOTICEINVITATION TO BID

DB 15-245 Idaho IceWorldAudio System Upgrade

City of Boise

The Purchasing Office (150 N.Capitol Blvd) will accept bids forDB 15-245 until 1:30 PM localtime; July 29, 2015. A mandatorypre-bid meeting will be held on7/14/15 at 10:30 AM local timeat 7072 S. Eisenman Rd., Boise,ID. Bid documents are availableonline or on disk at the PurchasingOffice. Disadvantaged businessenterprises are encouraged tosubmit bids.

Pub. July 1,8, 20150001808959-01

LEGAL NOTICEINVITATION FOR QUALIFICA-

TIONRFI 15-244 BPD Radio

Upgrade ProjectCity of Boise

The Purchasing Office (150 N.Capitol Blvd) will accept bids forRFI 15-244 until 9:00 AM localtime; August 5, 2015. A pre-bidmeeting will be held on 7/21/15at 10:00 AM local time at CityHall, 2nd FL, Belgravia Conf. Rm150 N. Capitol Blvd., Boise, ID.Bid documents are available onlineor on disk at the Purchasing Of-fice. Disadvantaged business en-terprises are encouraged to sub-mit bids.

Pub. July 1,8, 20150001808553-01

LEGAL NOTICEINVITATION TO BID

DB 15-241 O’Farrell CabinRenovations 2015

City of Boise

The Purchasing Office (150 N.Capitol Blvd) will accept bids forDB 15-241 until 3:00 PM localtime; July 22, 2015. A mandatorypre-bid meeting will be held on7/8/15 at 10:00 AM local time at450 W. Fort Street, Boise, Idaho.Bid documents are available onlineor on disk at the Purchasing Of-fice. Disadvantaged business en-terprises are encouraged to sub-mit bids.

Pub. June 24, July 1, 20150001801859-01

LEGAL NOTICENOTICE OF HEARING

ON NAME CHANGE (Adult)CASE NO. CV NC 1509378

IN THE DISTRICT COURT FOR THEFOURTH JUDICIAL DISTRICT FOR

THE STATE OF IDAHO IN AND FORTHE COUNTY OF ADA

IN RE: DERRICK WILLIAMS

A Petition to change the name ofDerrick Williams, now residing inthe City of Boise, State of Idaho,has been filed in the District courtin Ada County, Idaho. The namewill change to DERRICK WIL-LIAMS WHITE. The reason for thechange in name is "debt and this ismy used name Derrick WilliamsWhite".A hearing on the petition is sched-

uled for 1:30 o’clock p.m. on Aug.18, 2015 at the Ada County Court-house, 200 W. Front St., Boise,Idaho. Objections may be filed byany person who can show thecourt a good reason against thename change.Date: June 10, 2015CHRISTOPHER D. RICH,CLERK OF THE DISTRICT COURTBy: Debbie Nagele, Deputy Clerk

Pub. June 17,24, July 1,8, 20150001792225-01

LEGAL NOTICEDEPARTMENT OF HOMELAND SECURITY

FEDERAL EMERGENCY MANAGEMENT AGENCY

Proposed Flood Hazard Determinations for the City of Eagle andUnincorporated Areas of Ada County, Idaho, and Case No. 15-10-0917P. The Department of Homeland Security’s Federal Emergen-cy Management Agency (FEMA) solicits technical information or com-ments on proposed flood hazard determinations for the Flood InsuranceRate Map (FIRM), and where applicable, the Flood Insurance Study (FIS)report for your community. These flood hazard determinations may in-clude the addition or modification of Base Flood Elevations, base flooddepths, Special Flood Hazard Area boundaries or zone designations, orthe regulatory floodway. The FIRM and, if applicable, the FIS reporthave been revised to reflect these flood hazard determinations throughissuance of a Letter of Map Revision (LOMR), in accordance with Title44, Part 65 of the Code of Federal Regulations. These determinationsare the basis for the floodplain management measures that your com-munity is required to adopt or show evidence of having in effect to quali-fy or remain qualified for participation in the National Flood InsuranceProgram. For more information on the proposed flood hazard determi-nations and information on the statutory 90-day period provided for ap-peals, please visit FEMA’s website at www.fema.gov/plan/prevent/fhm/bfe, or call the FEMA Map Information eXchange (FMIX) toll free at 1-877-FEMA MAP (1-877-336-2627).

Pub. July 1,8, 20150001808940-01

LEGAL NOTICEINVITATION TO BID

FB 15-239Kimball Street Sewer

City of Boise

The Purchasing Office (150 N.Capitol Blvd) will accept bids forFB 15-239 (CSP-1052) until 10:00AM local time; July 8, 2015. Biddocuments are available online oron disk at the Purchasing Office.Disadvantaged business enterpris-es are encouraged to submit bids.

Pub. June 24, July 1, 20150001800582-01

LEGAL NOTICEINVITATION FORQUALIFICATION

SFB 15-250 Wetwell andScreen Channel Cleaning

City of Boise

The Purchasing Office (150 N.Capitol Blvd) will accept bids forSFB 15-250 (WBP 998) until11:30 AM local time; July 15,2015. A pre-bid meeting will beheld on 07/8/15 at 10:00 AM lo-cal time at WBWWTF 11818 JoplinRoad, Boise, ID. Bid documentsare available online or on disk atthe Purchasing Office. Disadvan-taged business enterprises are en-couraged to submit bids.

Pub. July 1,8, 20150001813788-01

TO THOSE PLACING LEGALADVERTISEMENTS

The Idaho Statesman is designat-ed the official newspaper of re-

cord for all governmental notices.Rates charged for both govern-

mental and private party legal noti-ces are set by the Idaho Legisla-

ture and are the same, by law, forall publications. The Idaho States-man publishes notices 6 days perweek for your convenience. Dead-

lines are noon, 3 business daysprior to publication.

For more information on placing alegal notice, please call

377-6306 or emaillegals@idahostatesman.com

0001493422-01

LEGAL NOTICEANOTHER NOTICE OF HEARING

ON NAME CHANGE (Adult)CASE NO. CV NC 1506820

IN THE DISTRICT COURT FOR THEFOURTH JUDICIAL DISTRICT FOR

THE STATE OF IDAHO IN AND FORTHE COUNTY OF ADA

IN RE: ADAM ALEXANDERMcDONALD

A Petition to change the name ofAdam Alexander McDonald, nowresiding in the City of Eagle, Stateof Idaho, has been filed in the Dis-trict Court in Ada County, Idaho.The name will change to ADAMALEXANDER MacDONALD . Thereason for the change in name isto add an "a" to last for Scottishheritage.A hearing on the petition is sched-

uled for 1:30 o’clock p.m. on Aug.18, 2015 at the Ada County Court-house, 200 W. Front St., Boise,Idaho. objections may be filed byany person who can show thecourt a good reason against thename change.Date: June 8, 2015CHRISTOPHER D. RICH,CLERK OF THE DISTRICT COURTBy: Deirdre Price, Deputy Clerk

Pub. June 17,24, July 1,8, 20150001789695-01

Legals

LEGAL NOTICEINVITATION TO BID

SFB 15-248 HorizontalRecessed Impeller Pumps

City of Boise

The Purchasing Office (150 N.Capitol Blvd) will accept bids forSFB 15-248 (LDR 999) until 11:00AM local time; July 15, 2015. Biddocuments are available online oron disk at the Purchasing Office.Disadvantaged business enterpris-es are encouraged to submit bids.

Pub. July 1,8, 20150001812301-01

LEGAL NOTICET.S. No. 024672-ID

NOTICE OF TRUSTEE’S SALE

On 10/13/2015 at 9:00 AM (recognized local time), in the Auction-.com Room, at Courtyard Hotel Boise Downtown, 222 S. Broadway Ave-nue, Boise, ID 83702, in the County of Ada, SYDNEY K. LEAVITT, ESQ .,a member of the State Bar of Idaho, of Aldridge Pite, LLP successor toPite Duncan, LLP as a result of the merger of Pite Duncan, LLP intoAldridge Connors, LLP, as trustee, will sell at public auction, to the high-est bidder, for cash, in lawful money of the United States, all payable atthe time of sale, the following described real property, situated in theCounty of Ada, State of Idaho, and described as follows, to wit: LOT 7IN BLOCK 6 OF TAFT MANOR SUBDIVISION, ACCORDING TO THE OFFI-CIAL PLAT THEREOF, FILED IN BOOK 23 OF PLATS AT PAGE(S) 1466,OFFICIAL RECORDS OF ADA COUNTY, IDAHO. The Trustee has noknowledge of a more particular description of the above referenced realproperty, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the address of: 2807 N. AR-THUR ST., BOISE, ID 83703 , is commonly associated with said realproperty. Said sale will be made without covenant or warranty, expressor implied, regarding title, possession or encumbrances to satisfy theobligation secured by and pursuant to the power of sale conferred inthe Deed of Trust executed by ROY A. CARR AND SANDY K. CARR,HUSBAND AND WIFE, as Grantor(s), to LSI (LENDER’S SERVICES INC.),as Trustee, for the benefit and security of MORTGAGE ELECTRONICREGISTRATION SYSTEMS INC., SOLELY AS NOMINEE FOR QUICKENLOANS INC., ITS SUCCESSORS AND ASSIGNS, as Beneficiary, dated9/26/2006, recorded 10/6/2006, as Instrument No. 106159566, offi-cial records of Ada County, Idaho. Please note: The above namedGrantors are named to comply with Idaho Code Section 45-1506(4)(a);no representation is made that they are, or are not, presently responsi-ble for the obligation. The default for which this sale is to be made isthe failure to make monthly payments when due from 11/1/2014 andall subsequent monthly payments thereafter, including installments ofprincipal, interest, impounds, advances, plus any charges lawfully dueunder the note secured by the aforementioned Deed of Trust, Deed ofTrust and as allowed under Idaho Law. The sum owing on the obligationsecured by said Deed of Trust as of 6/4/2015 is $121,018.99 includ-ing interest, costs, fees, including trustee and/or attorney fees andcosts, and expenses actually incurred in enforcing the obligationthereunder or in this sale and to protect the security associated with theDeed of Trust, as authorized in the Note, Deed of Trust or as allowedunder Idaho Law. Because interest, late charges, fees, costs and ex-penses continue to accrue, the total amount due varies from day today. Hence, if you pay the amount shown above, an adjustment may benecessary after receipt of funds to satisfy the debt. For further informa-tion, write the Trustee at 4375 Jutland Drive, Ste. 200, San Diego, CA92117, or call (858)750-7600Dated: 6/4/2015 SYDNEY K. LEAVITT, ESQ ., a member of the State

Bar of Idaho, of Aldridge Pite, LLP successor to Pite Duncan, LLP as aresult of the merger of Pite Duncan, LLP into Aldridge Connors, LLP

Pub. June 17,24, July 1,8, 20150001777081-01

LEGAL NOTICET.S. No. 024335-ID

NOTICE OF TRUSTEE’S SALE

On 10/13/2015 at 9:00 AM (recognized local time), in the Auction-.com Room, at Courtyard Hotel Boise Downtown, 222 S. Broadway Ave-nue, Boise, ID 83702, in the County of Ada, SYDNEY K. LEAVITT, ESQ .,a member of the State Bar of Idaho, of Aldridge Pite, LLP successor toPite Duncan, LLP as a result of the merger of Pite Duncan, LLP intoAldridge Connors, LLP, as trustee, will sell at public auction, to the high-est bidder, for cash, in lawful money of the United States, all payable atthe time of sale, the following described real property, situated in theCounty of Ada, State of Idaho, and described as follows, to wit: LOT 1IN BLOCK 3 OF AMENDED PLAT OF MEADOW VIEW SUBDIVISION, AC-CORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 35 OFPLATS AT PAGES 3008-3009, RECORDS OF ADA COUNTY, IDAHO. TheTrustee has no knowledge of a more particular description of the abovereferenced real property, but for purposes of compliance with IdahoCode Section 60-113, the Trustee has been informed that the addressof: 2208 NORTH LINDER ROAD, MERIDIAN, ID 83646 , is common-ly associated with said real property. Said sale will be made withoutcovenant or warranty, express or implied, regarding title, possession orencumbrances to satisfy the obligation secured by and pursuant to thepower of sale conferred in the Deed of Trust executed by RHONDARAINES, AN UNMARRIED WOMAN, as Grantor(s), to STEWART TITLE, asTrustee, for the benefit and security of MORTGAGE ELECTRONIC REG-ISTRATION SYSTEMS INC., SOLELY AS NOMINEE FOR 360 MORTGAGEGROUP, LLC, ITS SUCCESSORS AND ASSIGNS, as Beneficiary, dated8/16/2010, recorded 8/25/2010, as Instrument No. 110078768, offi-cial records of Ada County, Idaho. Please note: The above namedGrantors are named to comply with Idaho Code Section 45-1506(4)(a);no representation is made that they are, or are not, presently responsi-ble for the obligation. The default for which this sale is to be made isthe failure to make monthly payments when due from 8/1/2014 and allsubsequent monthly payments thereafter, including installments of prin-cipal, interest, impounds, advances, plus any charges lawfully due un-der the note secured by the aforementioned Deed of Trust, Deed ofTrust and as allowed under Idaho Law. The sum owing on the obligationsecured by said Deed of Trust as of 6/4/2015 is $147,961.74 includ-ing interest, costs, fees, including trustee and/or attorney fees andcosts, and expenses actually incurred in enforcing the obligationthereunder or in this sale and to protect the security associated with theDeed of Trust, as authorized in the Note, Deed of Trust or as allowedunder Idaho Law. Because interest, late charges, fees, costs and ex-penses continue to accrue, the total amount due varies from day today. Hence, if you pay the amount shown above, an adjustment may benecessary after receipt of funds to satisfy the debt. For further informa-tion, write the Trustee at 4375 Jutland Drive, Ste. 200, San Diego, CA92117, or call (858)750-7600Dated: 6/4/2015 SYDNEY K. LEAVITT, ESQ ., a member of the State

Bar of Idaho, of Aldridge Pite, LLP successor to Pite Duncan, LLP as aresult of the merger of Pite Duncan, LLP into Aldridge Connors, LLP

Pub. June 17,24, July 1,8, 20150001777848-01

LEGAL NOTICESUMMONS FOR PUBLICATION

Case No. CV-OC-1509178

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THESTATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

WELL FARGO FINANCIAL IDAHO, INC.,Plaintiff,

vs.MATTHEW A. KENT (Deceased) and the Unknown Heirs, Assigns and

Devisees of MATTHEW A. KENT; ANN L. KENT; and Does 1-10 as indi-viduals with an interest in the property legally described as:Lot 4 in Block 2 of Hawthorne Subdivision, according to the plat there-

of filed in Book 32 of Plats at Page 1971, records of Ada County, Ida-ho. Commonly known as: 2371 South Quicksilver Street, Boise, ID83705. Defendants.

NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF.THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHERNOTICE UNLESS YOU RESPOND WITHIN 20 DAYS. READ THE FOLLOW-ING BELOW.

TO: All Defendants

You are hereby notified that in order to defend this lawsuit, an appropri-ate written response must be filed with the above-designated court with-in 20 days after service of this Summons on you. If you fail to so re-spond, the court may enter judgment against you as demanded by thePlaintiff in the Complaint.The nature of the claim against you is for, among other things, judicial

foreclosure of the real property located at 2371 South QuicksilverStreet, Boise, ID 83705.A copy of the Summons and Complaint can be obtained by contacting

either the Clerk of the Court or the attorney for Plaintiff. If you wish toseek the advice of or representation by an attorney in this matter, youshould do so promptly so that your written response, if any, may befiled in time and other legal rights protected.An appropriate written response requires compliance with Rule 10(a)(1)

and other Idaho Rules of Civil Procedure and shall also include:1. The title and number of this case.2. If your response is an Answer to the Complaint, it must contain ad-

missions or denials of the separate allegations of the Complaint andother defenses you may claim.3. Your signature, mailing address and telephone number, or the sig-

nature, mailing address and telephone number of your attorney.4. Proof of mailing or delivery of a copy of your response to Plain-

tiff’s attorney, as designated above.To determine whether you must pay a filing fee with your response,

contact the Clerk of the above-named Court.DATED This 12th day of June, 2015.CHRISTOPHER D. RICH,CLERK OF THE DISTRICT COURTBy: Beth Masters, Deputy Clerk

Derrick J. O’Neill/ISB #4021RCO LEGAL, P.C.300 Main Street, Suite 150Boise, Idaho 83702Telephone: 208-489-3035Facsimile: 208-854-3998doneill@rcolegal.comAttorneys for Plaintiff

Pub. June 24, July 1,8,15, 20150001803715-01

LEGAL NOTICEREQUEST FOR PROPOSALS

RFP 15-243 Towing & ImpoundCity of Boise

The Purchasing Office (150 N.Capitol Blvd) will accept proposalsfor RFP 15-243 until 1:30 PM localtime; July 15, 2015. Proposaldocuments are available online oron disk at the Purchasing Office.Disadvantaged business enterpris-es are encouraged to submit pro-posals.

Pub. June 24, July 1, 20150001801763-01

Legals

to be a failure,” according tothe disciplinary action. It al-socost thecouple$12,000.

“What’sworse is Iwasen-listed ... todotheexercisesathome,”Allen said. “I’mhelp-ingwith theseexercises, andmy wife is writhing in pain,andshe’ssaying, ‘Well, this iswhat the doctor says willwork.’ ”

According to the board,Breshears failed to docu-ment a number of thingsabout those visits, includingthe dosage of supplementshetoldhertouse,howshere-sponded tohis care andwhyit was necessary to give hersupplements.

There also “is clear andconvincing evidence that(Breshears) engaged in mis-conduct by making assur-ances that his treatmentwouldpreventahipreplace-ment, engaged in renderinginefficaciouscare,andfinan-cially exploited (the pa-tient),” the disciplinary re-cord says. “The ‘treatment’of the hip was an 11-monthcourse of little more thangrinding the leg in its socket,causing extremepain, for novalidreason.”

‘X-RAYSETC.’Patient K.S. first met

Breshears in January 2003,whenshewenttohisofficeatthe request of her husbandfor, according to her chart,“1st time,X-raysetc.”

Eleven years later, Bresh-ears was still seeing her as a“spineremodeling”patient.

Nothing in her chartshowed a plan to remodelherspine,thoughsomeotherrecordsBreshearsproducedshowed “enough justifica-tion tobegina spinal remod-elplan,” theexaminer found.

In the nine years of re-cords reviewed, K.S. hadpurchased 77 different sup-plementsandhad230adjust-ments.

“One cannot escape theconclusion that the planwould have continued inperpetuity on automatic pi-lot had it not been for theboardreviewingthefile,”theexaminer said, adding thatwhileitwas“temptingtoalsofindunnecessaryor ineffica-ciouscare(onthesurfacethecare seems grossly exces-sive),thatcannotbefound...”

TheboarddecidedBresh-earswas“belowthestandardof care” in how he treatedK.S.

TREATINGA.D.D.?I.P.wasa9-year-oldgirlon

her first visit to Breshears inApril 2006. The reason onher intake form was“A.D.D.,” andBreshears said

inhishearing thathe intend-ed “to affect the ADDthrough improvementof thespine.”

Breshears “prescribed”her supplements, withoutany indication as to how thesupplements would affectherA.D.D.,butsomeonepur-chased “several” for her aweek later, according to therecords.

I.P. came in for adjust-ments “in at least six to eightplaces” two or three times aweekuntilJanuary2008.She“continually complainedaboutbackpain”throughoutthatperiod.

After a car crash in April2008, Breshears started run-ningaseriesofX-raysonthegirl. Her chart showed 38 X-raysfromthenuntil2011,andby2011shehadvisitedBresh-ears’ office 306 times. Theboardalleged thatBreshearstooksixX-raysonI.P.inasin-gledayin2008andtook11inasingledayin2009.

The girl’s record doesn’tseem to give any reason forthe spinal adjustments ortaking X-rays, the boardfound. Breshears almostnevermentioned herA.D.D.orprogress inthatarea.

“What is evenmore trou-bling is that I.P.’s spineseemedtobefairlyasympto-matic when she first arrivedat (Breshears’) office. Otherthan a reference to a soreback...sometwomonthsear-lier, this child seems to havebeen no different than anyother,” a hearing officerwrote after reading the re-cordsandhearingBreshears’testimony. “After the X-ray,when (Breshears) discov-ered the ‘need’ for extensivetreatment, the patient con-tinuouslybegan tocomplainabout back pain over thecourseof themonths.”

The girl’s family hadagreed in October 2006 topay$141amonth,ontopofin-surance, for twoyears.

Breshears “engaged innegligentcarecreatingariskof harm (and in this case ac-tualharm)tothepatient,”ac-cording to findings ap-provedbytheboard.

AudreyDutton: 377-6448;Twitter:@IDS_Audrey

BRESHEARSCONTINUED FROM D4

AUDREYDUTTONAudrey covers health carefor theIdahoStatesman.This projectwasmadepossiblewith support from theIdahoMedia Initiative atBoise StateUniversity,https://sspa.boises-tate.edu/imi.

The long-anticipatednewrules proposed Tuesday bythe Obama administrationareexpectedtoaffectabroadswath of salaried employeesfrom store managers to so-cial workers to restaurantshift supervisors.

The Department of La-bor’sproposalwouldrequiremost salaried workers earn-inglessthan$50,440,or$970a week, to be paid 1.5 timestheir normal pay for timeworked beyond 40 hours aweek.That’smore thandou-ble the current threshold of$23,660,or$455perweek,es-tablishedin2004.

While just8percentof sal-aried workers fall below thecurrent threshold, the newrules would increase theshare to 44 percent, accord-ing to the left-leaning Eco-nomicPolicyInstitute,whichpublished a report last yearrecommending raising thesalary threshold to $50,440.That level is indexed to infla-tion based on the 1975 salarythreshold for overtime pay,when 62 percent of workerswere covered by overtimeprotections.

Theproposal,whichdoes

not need congressional ap-provaltobeadopted,willun-dergo a comment period be-fore the Labor Departmentdetermines what to includeinafinalrulenextyear.Hour-ly workers will continue togetovertimeastheydonow.

U.S.LaborSecretaryTho-masPerez saidTuesday thatthe deck is stacked againstlow-earningmanagers.

“Theyhaveprecious littletime with their family be-cause they work 50 to 60hours and sometimes more,and yet they are not fairlycompensated for workingextra,”Perezsaid.

Perez said current ruleshelp employers by keeping“too many” workers, likemanagers who work side-by-side with rank-and-fileworkers, from getting theovertimeprotectionsthelawintended. The departmentestimates the rule wouldgive workers between $1.2billionand$1.3billionmore.

Theproposedthresholdisequal to the standard salarylevelatthe40thpercentileofweeklyearningsforfull-timesalaried workers. To keep ituptodate, thenewrulespro-pose keeping the thresholdpeggedtothe40thpercentileassalariesshiftorupdatingitbasedoninflation.

Advocates of an overtimeoverhaul applauded thepro-posal, saying it discouragesemployers from overwork-ing their employees and

spreads work around tomorepeoplewhoneedjobs.

But groups representingbusiness interests warnedthat requiring employers topay more overtime couldlead to them reducing basesalaries, cutting hours andhiringmorepart-timework-ers topickuptheslack.

The Society for HumanResources Managementsaidthatwhileitsupportstheneed to adjust the salary lev-el, an increase will dispro-portionately affect nonprof-its, which tend to pay lowersalaries, as well as service-sector industries.

Inaddition,thetradeasso-ciation said, employeeswhoare no longer exempt fromovertime could lose autono-my and opportunity for ca-reer advancement as “moreemployeeswill have to tracktheir time while adhering torigid schedules,with limitedopportunities forworkplaceflexibility, all of which willhave a significant impact onemployeemorale.”

Asked about businessconcerns, Labor SecretaryPerez said: “Every time wehave a conversation for lev-eling the playing field forworkerswehear that theskyis falling, theskyis falling.”

Theproposedrulesdonotinclude changes to the “du-ties test” of the Fair LaborStandards Act that deter-mines whether salariedworkers earning more thanthethresholdareentitledtoa“white-collar exemption”from overtime rules basedonhowtheyspendtheirtimeat work. In 2004, when theBush administration updat-ed the rules for the first timesince1975,thedutiestestwasloosened to define an ex-empt employee as anyonewhose “primary” duties areexecutive, administrative orprofessional, which criticssay is vague, subjective andallows employers to not payovertime to workers whomay spend 95 percent oftheir time stocking shelvesand5percentsupervising.

WORKER COMPENSATION

If you make less than $50,440,proposal could increase overtime payNearly 5millionmoresalaried U.S. employeeswould qualify under theLabor Department plan.

BY ALEXIA ELEJALDE-RUIZAND ALEJANDRA CANCINO

CHICAGO TRIBUNE