DALTON GARDENS - The Dalton Gardens Irrigation Water District board of directors voted unanimously against disciplining water master Robert Wuest for his private use of district equipment.

However, his work as a Hayden building official has come to an unexplained end.

A complaint was received about Wuest's use of a district-owned backhoe this summer on property he owns on Mt. Carrol Street. The water master controls all district equipment and oversees the distribution of water.

The irrigation district's attorney, Malcolm Dymkoski, the three-member board of directors, Wuest and the complaining party, Robin Micheletti, met in executive session Monday night. Following that, board chairman Paul Montreuil laid out the board's position and why it would not be taking action against Wuest.

"There's never been a policy against Robert using irrigation (district) equipment," Montreuil told the audience at the monthly irrigation district meeting.

Montreuil said there is now a "draft policy" to formally prohibit employees and district officers from using irrigation district equipment on their private projects.

"It's in a draft form. I would guess it will be massaged and voted on at either the next meeting or the following meeting," Montreuil said. "The policy is pretty strict, if I say so myself."

The board then officially voted against disciplinary action.

Following an article in the Press last month, Idaho state Rep. Ed Morse asked the Idaho Attorney General's Office whether Wuest's use of the irrigation district equipment for personal use was against the law. Dalton Gardens is part of Morse's district.

"I don't think that there is any doubt that use of a backhoe for demolition/excavation services has a measurable economic benefit/impact," assistant chief deputy attorney general Brian Kane wrote to Morse in an email.

Kane pointed to Idaho criminal statute No. 18-1359, which prohibits a public servant from using "public funds or property to obtain a pecuniary benefit for himself."

"Unfortunately, our office does not have the authority to investigate local matters such as these," Kane wrote to Morse. "The best recommendation I can offer is for the concerned citizens to discuss this situation with the county sheriff and prosecutor."

At the time the Press article was published last month, Wuest was also the city of Hayden's building official. He isn't anymore.

The story reported he was constructing a pole building on his property on the 7700 block of north Mt. Carrol Street.

The building initially was being built higher than city code allowed, and only after the building was "red-tagged" multiple times by a building inspector was it lowered below the allowed 25-foot limit. Wuest formerly did building inspections for the city of Dalton Gardens, too.

Friday was Wuest's last day as an employee of the city of Hayden, City Administrator Stefan Chatwin confirmed Tuesday. He offered no further explanation.

Wuest has not responded to multiple requests for comment.