[Vision2020] Ethics Complaints by Idaho Citizens May Be Restricted

[Tom Hansen]

Courtesy of today's (February 9, 2011) Spokesman-Review.

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House panel approves rule to prevent citizens from filing ethics
complaints against lawmakers

BOISE – Idaho residents would be barred from filing ethics complaints
against state lawmakers under legislation that won the approval of a key
House committee Tuesday.

The new restriction, part of a series of proposed changes that include a
new violation of “conduct unbecoming a House member,” is awaiting a final
vote before the full House, which has grappled for a year with various
ethics complaints against state Rep. Phil Hart, R-Athol.

This year, the House received two ethics complaints from citizens. One,
from Hayden businessman Howard Griffiths, who launched a write-in campaign
against Hart last fall, targeted Hart; the other, from Hart supporter
Larry Spencer, was against Rep. Eric Anderson, R-Priest Lake, who had
filed an ethics complaint against Hart. Both citizen complaints were found
to be without basis and frivolous.

“I think that those were both political, and that’s one of the things I
would like to stop with this,” said Idaho House Speaker Lawerence Denney.
“If there’s a legitimate ethics complaint, I think we’re going to be the
first ones that want to prosecute it.” Plus, he said if he received a
legitimate ethics complaint from someone outside the House, he’d file it
himself.

The existing House ethics rule had been interpreted by the Idaho attorney
general’s office as allowing only complaints from members already. Denney
noted that the Senate’s rule is similar.

The proposed rule change also “clarifies some of the things that we need
to take care of so that everyone is treated fairly,” Denney told the House
State Affairs Committee.

It gives the target of a complaint the opportunity to write a written
response, which already has been the practice; requires complaints to be
kept confidential until the Ethics Committee has found probable cause to
look into them, which is a change from current practice; and requires the
Ethics Committee to meet in executive session until it has found probable
cause, at which point the process would become open.

The change also adds a provision, which Denney said was added in
consultation with House Minority Leader John Rusche, D-Lewiston, to cover
ethics violations for “conduct unbecoming a member of the House.”

Rusche said that’s an important change. “Ethics proceedings are not
criminal proceedings,” he said. “The purpose of an ethics committee is to
protect the integrity of the Legislature and of the legislative process.”

That means some conduct that might not be illegal could still fall under
its purview, he said.

The special House Ethics Committee ended up dismissing all the ethics
complaints it received this year – including three against Hart – but
voted unanimously to recommend his removal from the House tax committee
while he presses his personal fights against back state and federal income
taxes. Last week the committee dropped Anderson’s complaint in exchange
for Hart’s voluntary agreement to give up the vice-chairmanship of the
House Transportation Committee, from which the panel was considering
removing him.

Anderson’s complaint charged that Hart violated his oath of office by
fighting payment of his state and federal income taxes, which he contends
are unconstitutional; by repeatedly citing legislative privilege to win
delays in his personal tax fights; and by illegally logging state school
endowment land in 1996 to build his log home in Athol and never paying an
outstanding judgment in the case.

Hart last week apologized to the House.

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Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho

"The Pessimist complains about the wind, the Optimist expects it to change
and the Realist adjusts his sails."

- Unknown