2005 Idaho Code - 59-704 — REQUIRED ACTION IN CONFLICTS

                                  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.