[Vision2020] Paul Kimmel Subject to I.C. 59-705 Civil Penalty for Violation of I.C. 59-704?

Ithruunuum mardoye edwardscissorbrains at hotmail.com
Sat Aug 14 10:47:50 PDT 2004

This is in reference to Paul Kimmel's orignial approval of property tax 
exemptions and not the appeal:

I.C. 59-705 Civil Penalty

(1) Any public official who intentionally fails to disclose a conflict of 
interest as provided for in section 59-704, Idaho Code, shall be guilty of a 
civil offense, the penalty for which may be a fine not to exceed five 
hundred dollars ($500), provided that the provisions of this subsection 
shall not apply to any public official where the governmental entity on 
which said official serves has put into operation an ethics commission or 
board described in section 59-704(6), Idaho Code.

I.C. 59-704 Required action in conflicts

A public official shall not take any official action or make a formal 
decision or formal recommendation concerning any matter where he has a 
conflict of interest and has failed to disclose such conflict as provided in 
this section. Disclosure of a conflict does not affect an elected public 
official's authority to be counted for purposes of determining a quorum and 
to debate and to vote on the matter, unless the public official requests to 
be excused from debate and voting at his or her discretion. In order to 
determine whether a conflict of interest exists relative to any matter 
within the scope of the official functions of a public official, a public 
official may seek legal advice from the attorney representing that 
governmental entity or from the attorney general or from independent 
counsel. If the legal advice is that no real or potential conflict of 
interest exists, the public official may proceed and shall not be subject to 
the prohibitions of this chapter. If the legal advice is that a real or 
potential conflict may exist, the public official:

(1) If he is an elected legislative public official, he shall disclose the 
nature of the potential conflict of interest and/or be subject to the rules 
of the body of which he/she is a member and shall take all action required 
under such rules prior to acting on the matter. If a member requests to be 
excused from voting on an issue which involves a conflict or a potential 
conflict, and the body of which he is a member does not excuse him, such 
failure to excuse shall exempt that member from any civil or criminal 
liability related to that particular issue.

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