TITLE 59
PUBLIC OFFICERS IN GENERAL
CHAPTER 7
ETHICS IN GOVERNMENT
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.
(2) If he
is an elected state public official, he shall prepare a written statement
describing the matter required to be acted upon and the nature of
the potential conflict, and shall file such statement with the secretary
of state prior to acting on the matter. A public official may seek
legal advice from the attorney representing that agency or from the
attorney general or from independent counsel. The elected public official
may then act on the advice of the agency’s attorney, the attorney
general or independent counsel.
(3) If he
is an appointed or employed state public official, he shall prepare
a written statement describing the matter to be acted upon and the
nature of the potential conflict, and shall deliver the statement
to his appointing authority. The appointing authority may obtain an
advisory opinion from the attorney general or from the attorney representing
that agency. The public official may then act on the advice of the
attorney general, the agency’s attorney or independent counsel.
(4) If he
is an elected public official of a county or municipality, he shall
disclose the nature of a potential conflict of interest prior to acting
on a matter and shall be subject to the rules of the body of which
he/she is a member and take all action required by the 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. The public official may obtain an
advisory opinion from the attorney general or the attorney for the
county or municipality or from independent counsel. The public official
may then act on the advice of the attorney general or attorney for
the county or municipality or his independent counsel.
(5) If he
is an appointed or employed public official of a county or municipality,
he shall prepare a written statement describing the matter required
to be acted upon and the nature of the potential conflict, and shall
deliver the statement to his appointing authority. The appointing
authority may obtain an advisory opinion from the attorney for the
appointing authority, or, if none, the attorney general. The public
official may then act on the advice of the attorney general or attorney
for the appointing authority or independent counsel.
(6) Nothing
contained herein shall preclude the executive branch of state government
or a political subdivision from establishing an ethics board or commission
to perform the duties and responsibilities provided for in this chapter.
Any ethics board or commission so established shall have specifically
stated powers and duties including the power to:
(a) Issue
advisory opinions upon the request of a public official within its
jurisdiction;
(b) Investigate
possible unethical conduct of public officials within its jurisdiction
and conduct hearings, issue findings, and make recommendations for
disciplinary action to a public official’s appointing authority;
(c) Accept
complaints of unethical conduct from the public and take appropriate
action.
Idaho Statutes