investigators, administrators and consultants. Ada County, Idaho, website, https://adacounty.id.gov/coroner (last visited July 13, 2015). The office is a part of the Ada County government. The budget Coroner’s Coroner’s ($1,634,454 in 2013) is paid from Ada coroners are at a County’s general fund. Deputy “paid rate fixed by the Idaho Code Ann. § 31-2809. Under some county commissioners.” circumstances, the Ada County commissioners have the power to remove the Coroner or confirm a coroner appointed by the executive. Idaho Code Ann. § 31-5213 (coroner may be “appointed by the executive with the advice and consent of the board of county or the commissioners,” commissioners may eliminate the office in favor of an elected or appointed coroner’s replacement). The 2013 Ada County budget lists the Coroner as a under the “department” and the Coroner has a webpage on the website. And as the category “Governmental,” County’s pleadings in this case demonstrate, both Ada County and the Coroner filed this declaratory relief action and are represented by the Ada County prosecuting attorney, even though Disability Rights directed its records access request to the Coroner. Disability Rights Statement ¶ 15; Statement at 2-3. Coroner’s ARGUMENT Congress created a system of independent protection and advocacy organizations in response to a history of widespread abuse and neglect of individuals with disabilities by the facilities charged with their care. Following the creation of the nationwide P&A system through passage of the Developmentally Disabled Assistance and Bill of Rights Act in 1975, Pub. L. No. 94-103, 89 Stat. 486 (1975) (originally codified at 42 U.S.C. §§ 6041-6043 and currently at 42 U.S.C. §§ 15041-15045), Congress has continued to expand the authority of P&As to protect individuals with disabilities. The PAIMI Act, 42 U.S.C. §§ 10801-10851, extended the P&As’
investigators, administrators and consultants. Ada County, Idaho, website, https://adacounty.id.gov/coroner (last visited July 13, 2015). The Coroner’s office is a part of the Ada County government. The Coroner’s budget ($1,634,454 in 2013) is paid from Ada County’s general fund. Deputy coroners are “paid at a rate fixed by the county commissioners.” Idaho Code Ann. § 31-2809. Under some circumstances, the Ada County commissioners have the power to remove the Coroner or confirm a coroner appointed by the executive. Idaho Code Ann. § 31-5213 (coroner may be “appointed by the executive with the advice and consent of the board of county commissioners,” or the commissioners may eliminate the coroner’s office in favor of an elected or appointed replacement). The 2013 Ada County budget lists the Coroner as a “department” under the category “Governmental,” and the Coroner has a webpage on the County’s website. And as the pleadings in this case demonstrate, both Ada County and the Coroner filed this declaratory relief action and are represented by the Ada County prosecuting attorney, even though Disability Rights directed its records access request to the Coroner. Disability Rights Statement ¶ 15; Coroner’s Statement at 2-3. ARGUMENT Congress created a system of independent protection and advocacy organizations in response to a history of widespread abuse and neglect of individuals with disabilities by the facilities charged with their care. Following the creation of the nationwide P&A system through passage of the Developmentally Disabled Assistance and Bill of Rights Act in 1975, Pub. L. No. 94-103, 89 Stat. 486 (1975) (originally codified at 42 U.S.C. §§ 6041-6043 and currently at 42 U.S.C. §§ 15041-15045), Congress has continued to expand the authority of P&As to protect individuals with disabilities. The PAIMI Act, 42 U.S.C. §§ 10801-10851, extended the P&As’
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