Idaho Ethics in Government Manual

Office of the

Attorney General

Idaho

Ethics In Government

Manual

January 2023

RAÚL R. LABRADOR

Attorney General

700 West Jefferson Street

Boise, ID 83720-0010

www.ag.idaho.gov

State of Idaho

Office of Attorney General

Raúl R. Labrador

NTRODUCTION

Honest and open government is fundamental to a free society. The

Idaho Legislature has formalized our state’s commitment to honest and

ethical government by enacting several statutes governing the ethical

behavior of public officers. These laws are intended to ensure that public

officials remain public servants.

Idaho has four primary statutes governing ethics in government: the

Bribery and Corrupt Influence Act; the Prohibition Against Contracts with

Officers Act; the Ethics in Government Act; and the Public Integrity in

Elections Act. In addition, statutes that govern a particular state agency,

state subdivision or municipal corporation often contain provisions

regulating the ethical behavior of public officials.

Any complete analysis of an ethical question involving a public

official must include the four acts named above as well as statutes dealing

specifically with the governmental agency, office or subdivision involved.

Specific statutes relating to the particular agency or subdivision will

control over the more general statutes. When two or more general statutes

apply to the same subject, an attempt should be made to reconcile the

statutes.

All of us who accept public office, whether elected or appointed, also

accept an ethical duty to serve honestly and in the public’s interest. While

the state and the people must demand compliance with Idaho’s ethics laws,

public officials should understand that these laws set a minimum standard

of behavior. Crossing these lines can result in fines and incarceration.

Responsible and ethical public officials hold themselves to an even higher

standard than mere compliance.

The Office of the Attorney General has prepared this legal manual for

your information. I hope it assists you when presented with applicable

situations.

Sincerely,

RAÚL R. LABRADOR

Attorney General

TABLE OF CONTENTS

QUESTIONS AND ANSWERS ............................................................. 1

STATUTORY INTERPRETATION ................................................................ 1

PURPOSE OF ANALYSIS OF ETHICS STATUTES ....................................... 1

PUBLIC EMPLOYEES OR OFFICIALS COVERED BY ETHICS

STATUTES ....................................................................................... 2

NEPOTISM............................................................................................... 3

CONFLICTS OF INTEREST/PROHIBITED CONTRACTS ............................... 4

BRIBERY/CORRUPT INFLUENCE & GIFTS TO PUBLIC OFFICIALS ............ 8

INCOMPATIBILITY OF OFFICE ............................................................... 11

PUBLIC INTEGRITY IN ELECTIONS......................................................... 13

CONSANGUINITY CHART ............................................................... 16

RELEVANT STATUTES ..................................................................... 17

BRIBERY AND CORRUPT INFLUENCE ACT ............................................. 17

ETHICS IN GOVERNMENT ACT .............................................................. 26

PROHIBITIONS AGAINST CONTRACTS WITH OFFICERS .......................... 31

PUBLIC INTEGRITY IN ELECTIONS ACT ................................................. 33

MISCELLANEOUS STATUTES ................................................................. 36

INDEX OF ADDITIONAL CONFLICTS OF INTEREST

STATUTES ............................................................................................ 41

Idaho Ethics In Government

QUESTIONS AND ANSWERS

STATUTORY INTERPRETATION

Question No. 1: Is there overlap between the various ethical statutes

pertaining to public employees and officials, and how should the

statutes be analyzed?

Answer: Yes. The first step in analyzing which statute applies to a

particular situation is to determine whether there is a specific statute

dealing with the governmental entity or the public position in

question. For example, Idaho Code § 33-507 contains a prohibition

against school board trustees contracting with the school district. This

statute controls the more general anti-contracting provisions found in

chapter 13, title 18, or chapter 5, title 74, Idaho Code. See Attorney

General Opinion No. 93-10. In addition, when dealing with the more

general ethics statutes, there may be some overlap. In the case where

two or more general statutes apply to the same situation, an attempt

should be made to reconcile the statutes.

Too often, conflict analysis begins and ends with an analysis of

chapter 4 of title 74, the Ethics in Government Act. Chapter 4 covers

acts by members of legislative or administrative bodies and does not

necessarily prohibit any act, but merely requires disclosure. However,

the action creating the conflict may be prohibited by other provisions

contained within the Idaho Code.

PURPOSE OF ANALYSIS OF ETHICS STATUTES

Question No. 2: What is the purpose of the analysis of the ethical

statutes with regard to the actions of public officials?

Answer: The purpose of the ethical statutes is to establish a ground

floor for conduct by public officials. Proper analysis of ethical

statutes should not be for “loopholes” or “technicalities” by which one

can take advantage of government, the public, or other interested

parties. If your analysis requires that you find a “loophole” within

Idaho’s ethical statutes, then your conduct is likely unethical. Ethics

for public officials is also tricky for another reason. Within public

service, there are often two courts: the traditional legal system, and

the court of public opinion. A win in one does not guarantee a win in

the other. When determining the proper answer to any ethics

determination, a public official should be mindful of the impact his

decision may have both legally and publicly. Public officials, by the

Idaho Ethics In Government

trusteeship given them by the electorate, are held to a higher ethical

standard.

PUBLIC EMPLOYEES OR OFFICIALS COVERED BY ETHICS

STATUTES

Question No. 3: Who is subject to Idaho Code §§ 18-1351 et seq., the

Bribery and Corrupt Influence statutes?

Answer: Idaho Code §§ 18-1351, et seq., regulate the conduct of

public servants in the areas of bribery and corrupt practices, including

conflicts of interest and nepotism. Unless otherwise stated, these

statutes apply to all “public servants,” which is defined to mean: “any

officer or employee of government, including legislators and judges,

and any person participating as juror, advisor, consultant or otherwise,

in performing a governmental function; but the term does not include

witnesses.”

Question No. 4: Who is subject to chapter 4 of title 74, the Ethics in

Government Act?

Answer: All “public officials” are subject to the Ethics in

Government Act. “Public official” means any person holding public

office in the following capacity:

(a) As an elected public official meaning any person

holding public office of a governmental entity by virtue of an

elected process, including persons appointed to a vacant elected

office of a governmental entity, excluding members of the

judiciary; or

(b) As an elected legislative public official meaning any

person holding public office as a legislator; or

holding public office of a governmental entity by virtue of formal

appointment as required by law; or

(d) As an employed public official meaning any person

holding public office of a governmental entity by virtue of

employment, or a person employed by a governmental entity on

a consultative basis.

Idaho Ethics In Government

Question No. 5: Who is subject to the prohibition against contracts

with officers contained in chapter 5, title 74, Idaho Code?

Answer: All members of the legislature and state, county, city,

district and precinct officers are subject to the prohibitions contained

in chapter 5, title 74, Idaho Code. While “officer” is not defined, the

definition of “public official” contained in the Ethics in Government

Act should be considered as a guide to those covered by the

prohibitions in chapter 5, title 74, Idaho Code.

NEPOTISM

Question No. 6: Is the current employment of a public employee

jeopardized by the subsequent election of a relative to a public office

that has supervisory authority over that employee?

Answer: Idaho Code § 18-1359 sets forth the nepotism policy of the

state of Idaho. The Attorney General’s Office has taken the position

that existing public employment will not be jeopardized by the

subsequent election of a relative of that employee to public office.

Question No. 7: How does the subsequent election of a relative affect

promotion/advancement potential of a current employee?

Answer: Under Idaho Code § 18-1359(5), the employee may

continue to work in the current job assignment and remain eligible to

receive non-meritorious pay increases. Idaho Code § 18-1359(e)

prohibits the public official from appointing or voting for the

appointment of the relative to any position, employment or duty.

Similarly, more specific sections relating to the mayor, city council,

county commissioners and state legislators may prohibit any person,

not just the related elected official, from appointing the current

employee to any office, position, employment or duty.

Question No. 8: When a county employee’s spouse is elected to the

county commission, is the employee’s position jeopardized?

Answer: As stated above, Idaho Code § 18-1359 states that existing

public employment should not be jeopardized by the subsequent

election of a relative to public office. The 2002 enactment of Idaho

Code § 18-1359(5) is intended to permit the spouse of an elected

official to continue in his/her present employment. However, Idaho

Code § 74-501 may cast some doubt on whether Idaho Code § 18-

1359(5) fully permits continued employment. Due to the enactment

of Idaho Code § 18-1359(5) and the Statement of Purpose

Idaho Ethics In Government

accompanying the bill, it appears that a court would likely permit the

continued employment of a spouse of a subsequently elected official.

Idaho Code § 33-507 may prohibit the continued employment by

a school district of an employee whose spouse is elected to the

district’s board of trustees where the contract must be renewed

annually. Idaho Code § 33-2106 incorporates Idaho Code § 33-507

applying the prohibition to trustees of junior college districts.

Question No. 9: May a county enter into a contract for goods or

services with the son/daughter-in-law of one of the commissioners?

Answer: Idaho Code §§ 18-1359(4) and 67-9230 applies in this

situation. The code section provides:

No person related to a county commissioner by

blood or marriage within the second degree shall

be appointed to any clerkship, office, position,

employment or duty with the commissioner’s

county when the salary, wages, pay or

compensation of such appointee or employee is to

be paid out of public funds.

The commissioner’s son/daughter-in-law is clearly related by

marriage within the second degree, and will be compensated for the

performance of his/her duties. The county would be prohibited from

hiring the commissioner’s son/daughter-in-law.

CONFLICTS OF INTEREST/PROHIBITED CONTRACTS

Question No. 10: What action is required under chapter 4 of title 74,

Idaho Code, the Ethics in Government Act, if a conflict of interest

exists?

Answer: The Ethics in Government Act requires certain action when

a conflict of interest exists. A conflict of interest is generally defined

as any “official action or any decision or recommendation by a person

acting in a capacity as a public official, the effect of which would be

to the private pecuniary benefit of the person or a member of the

person’s household, or a business with which the person or a member

of the person’s household is associated.”

When a conflict of interest exists, the public official must disclose

the conflict. Under the Ethics in Government Act, disclosure does not

affect an elected public official’s authority to be counted for the

Idaho Ethics In Government

purpose of determining a quorum and to debate and to vote on the

matter.

The public official may seek legal advice on whether a conflict of

interest exists. If the legal advice is that a real or potential conflict

may exist, generally, the public official must 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

entity set forth in the statute pertaining to the appropriate elected or

appointed office.

Disclosure of the conflict or consultation with counsel satisfies

the requirements of the Ethics in Government Act. It does not,

however, permit the public official to engage in acts prohibited by

other provisions of the Idaho Code.

Question No. 11: Are there exceptions to the definition of conflict of

interest in chapter 4 of title 74, Idaho Code, the Ethics in Government

Act?

Answer: Yes. Under the Act, there is no conflict of interest if the

pecuniary benefit received arises out of:

(a) An interest or membership in a particular business,

industry, occupation or class required by law as a prerequisite to

the holding by the person of the office or position;

(b) Any action in the person’s official capacity which would

affect to the same degree a class consisting of an industry or

occupation group in which the person, or a member of the

person’s household or business with which the person is

associated, is a member or is engaged;

profession, trade or occupation where his interest would be

affected to the same degree as that of a substantial group or class

of others similarly engaged in the profession, trade or occupation;

(d) Any action by a public official upon any revenue

measure, any appropriation measure or any measure imposing a

tax, when similarly situated members of the general public are

affected by the outcome of the action in a substantially similar

manner and degree.

Idaho Ethics In Government

Question No. 12: What is the effect on a contract entered into in

violation of the conflict of interest provisions of Idaho law?

Answer: The answer depends upon the specific statute and how the

courts may have interpreted that statute. Violations of Idaho Code §

74-501 are voidable by any party, except the interested official, but

not void from the beginning. Idaho Code § 74-504.

However, violations of other ethics statutes may cause the

contract to be void. For instance, in Independent School Dist. No. 5

v. Collins, 15 Idaho 535, 98 P. 857 (1908), the court addressed

violations of Idaho Code § 33-507, stating:

[S]uch contracts are absolutely void. If money is

illegally paid on such void contract, the district

may recover it back, and in case the district refuses

to do so, any taxpayer of the district may, for and

on behalf of the district, maintain an action for the

recovery of the money so illegally paid. 15 Idaho

at 541.

In any contract or transaction entered into which is ruled void, the

public official would be required to refund any money he/she receives

pursuant to a contract or transaction with the board. Such a challenge

could be initiated by the board or by a taxpayer within the respective

governmental entity.

Question No. 13: May the employer of a city council member contract

with the city?

Answer: The answer is “yes,” under certain circumstances, such as

when an interest is defined to be remote under Idaho Code § 74-502

and, therefore, not a conflict of interest. “Remote interest” means:

(a) That of a non-salaried officer of a nonprofit corporation;

(b) That of an employee or agent of a contracting party

where the compensation of such employee or agent consists

entirely of fixed wages or salary; or

Idaho Ethics In Government

(d) That of a holder of less than one percent (1%) of the

shares of a corporation or cooperative which is a contracting

party.

However, even if the interest is remote, the public official must

disclose the remote interest prior to the formation of the contract, and

the governing body must approve the contract on a vote sufficient for

that purpose without counting the vote of the officer having the remote

interest. Furthermore, the public official cannot attempt to influence

another officer of the board of which he is an officer to enter into the

contract.

Question No. 14: Are there any circumstances where a public official

can personally contract with a board of which he or she is a member?

Answer: In rare circumstances a public official can contract directly

with the board of which he/she is a member whether or not he or she

is an elected or appointed public official. Under Idaho Code § 18-

1361, a public official or his/her relatives can contract with the board

if:

(1) The contract is competitively bid and the public servant or

his/her relative submits the low bid; and

(2) Neither the public servant nor his/her relative takes any part

in the preparation of the contract or bid specifications, and the public

servant takes no part in voting on or approving the contract or bid

specifications; and

(3) The public servant makes full disclosure, in writing, to all

members of the governing body, council or board of said public body

of his/her interest or that of his/her relative and of his or his relative’s

intention to bid on the contract; and

(4) Neither the public servant nor his/her relative has violated

any provision of Idaho law pertaining to competitive bidding or

improper solicitation of business.

Question No. 15: May a school district conduct business with a

business establishment whose owner is a spouse of a school board

trustee?

Answer: Idaho has a long-standing tradition of forbidding school

board trustees from doing any business with or receiving any

Idaho Ethics In Government

pecuniary benefit from the district they serve. Idaho Code § 33-507

states in relevant part:

It shall be unlawful for any trustee to have

pecuniary interest, directly or indirectly, in any

contract or other transaction pertaining to the

maintenance or conduct of the school district or to

accept any reward or compensation for services

rendered as a trustee except as may be otherwise

provided in this section.

Purchases by the district of material from an establishment owned

by the spouse of a school board trustee provide a direct or indirect

pecuniary benefit to the member of the school board. The school

board trustee would certainly benefit from any transactions between

the district and the business establishment. Even if there is not a

written contract between the business establishment and the district, it

does not take the situation outside the reach of Idaho Code § 33-507.

There would still be a contractual relationship between the business

and the district. Moreover, the contract would be void.

Idaho Code § 33-2106 incorporates Idaho Code § 33-507 and

makes the limitations on the authority of school district trustees

applicable to trustees of junior college districts.

Question No. 16: May a county employee purchase property that the

county has for sale?

Answer: There is no express prohibition against a county employee

purchasing county property, unless that individual is a county

commissioner or other officer. See Idaho Code §§ 31-807A and 74-

503. This rule applies to county employees generally. Sheriffs’

deputies selling property at sheriffs’ sales are prohibited from

participating in the sale.

BRIBERY/CORRUPT INFLUENCE & GIFTS TO PUBLIC

OFFICIALS

Question No. 17: Would a regional tour sponsored by a chamber of

commerce to acquaint legislators with a region of the state, provided

without charge to every member of the Idaho Legislature, violate the

Bribery and Corrupt Influence Act?

Answer: Idaho Code § 18-1356 regulates gifts to public servants.

Subsection (4) relates to legislative and executive officials:

Idaho Ethics In Government

No legislator or public servant shall solicit, accept

or agree to accept any pecuniary benefit in return

for action on a bill, legislation, proceeding or

official transaction from any person known to be

interested in a bill, legislation, official transaction

or proceeding.

There have been no allegations, nor has it ever been suggested,

that the efforts of the members of the chamber of commerce are made

in return for legislative action on their behalf. Therefore, the tour in

general does not violate Idaho Code § 18-1356(4).

Consideration must also be given to Idaho Code § 18-1359(1)(a),

which provides:

No public servant shall:

(a) Without the specific authorization of the

governmental entity for which he serves, use

public funds or property to obtain a pecuniary

benefit for himself.

It is the opinion of the Attorney General’s Office that the

legislature, by enacting Idaho Code § 18-1359(1)(a), did not intend to

prohibit and criminalize participation in activities such as this tour.

The combination of official business with conferences and social

activities is a fact of modern life, and it is the opinion of this office

that the legislature did not intend to eliminate that reality. This tour

is a legitimate function of the legislature, and the expenses associated

with the tour, if submitted on a voucher, could be financed by the state.

As such, they are clearly not pecuniary benefits inuring to the

legislators’ personal or private benefit.

Question No. 18: Would a business trip by legislators for the purpose

of viewing demonstrations of a product purchased by the state, in

which airfare, food and lodging were paid for by the vendor, but not

entertainment events, violate either the Ethics in Government Act or

the Bribery and Corrupt Influences Act?

Answer: Idaho Code § 74-402, the Ethics in Government Act, is

directed primarily towards improper activities of public officials in the

course of their official duties. In this case it is apparent that the public

officials would derive some pecuniary benefit from the trip. However,

the pecuniary benefit does not appear personal in nature because the

trip is for business purposes only, without any entertainment or

Idaho Ethics In Government

personal activities on the agenda. The facts do not reveal that any

“official action” or any decision or recommendation has been made

by the public officials to the benefit of the company sponsoring the

trip. The trip does not relate to any upcoming bidding or contracting

process in which the company stands to gain or lose. The trip does

not seem to violate the Ethics in Government Act.

Idaho Code § 18-1359(1)(a) is also not an issue in this case. The

officials are acting strictly in their official capacity, there will be no

private or personal gain in the form of entertainment or other purely

personal activities, and the business trip appears to be directed solely

at a legitimate legislative function—gathering technical information

relevant to the state’s interest in a product. This type of informational

business trip does not call into question the type of private pecuniary

gain or official action in return for such gain which Idaho’s ethics laws

clearly and strongly outlaw. The trip would not violate either the

Ethics in Government Act or the Bribery and Corrupt Influences Act.

Question No. 19: Can members of the Idaho Legislature accept gift

packs from a marketing association in the state of Idaho in which the

products are intended to promote the variety and quality of

merchandise produced in Idaho?

Answer: According to Idaho Code § 74-403(4), a conflict of interest

occurs when a legislative official takes official action or makes an

official decision or recommendation, the effect being to the “private

pecuniary benefit” of such person, the person’s household or business.

Based on the facts in this case, it is difficult to foresee any legislator

having a conflict of interest resulting from the acceptance of one of

the complimentary gift packs. A conflict of interest requires some

official action by the legislator. From the facts presented in this case,

there is no indication the receipt of the gift pack was the result of any

official action, decision or recommendation taken or proposed by any

legislator. Mere acceptance of the gift pack does not violate the

provisions of Idaho Code § 18-1359(1)(b). In addition, under Idaho

Code § 18-1359(1)(b), trivial gifts or benefits, which do not exceed

$50.00 in value, are not prohibited if they are incidental to personal,

professional or business contacts and do not affect official

impartiality.

Question No. 20: If a major corporate officer of a firm which

performs a great deal of work for one of the state departments should

become a member of the Idaho Legislature, would there be any

possibility of a “conflict of interest” arising out of his holding public

Idaho Ethics In Government

office and voting on appropriations while continuing to be a corporate

officer of a private firm?

Answer: Yes. Idaho Code § 74-501, provides:

Members of the legislature, state, county, city,

district and precinct officers, must not be interested

in any contract made by them in their official

capacity, or by any body or board of which they are

members.

In addition to constitutional and statutory provisions, the rules of

the senate or house of representatives may require that members

declare their interest or abstain from voting in cases involving

conflicting personal and public interests.

INCOMPATIBILITY OF OFFICE

Question No. 21: May an individual serve in the Idaho Legislature

and as the mayor of a municipality at the same time?

Answer: Idaho has no constitutional or statutory provisions

prohibiting a state legislator from concurrently holding another public

office. However, the common law doctrine of incompatibility of

office should be examined.

The common law doctrine of incompatibility as it relates to one

person holding two public offices is based upon the public policy that

public service requires the discharge of official duties with undivided

loyalty. In the question presented, the two positions are not

incompatible. The office of mayor is wholly independent from the

state legislature and cannot in any sense be viewed as subordinate.

The duties of the mayor do not conflict or clash with the duties of a

state legislator.

Finally, it has been suggested that holding dual offices violates

the distribution of powers clause of Idaho Constitution art. II, sec. 1.

This section provides:

The powers of the government of this state are

divided into three distinct departments, the

legislative, executive and judicial; and no person or

collection of persons charged with the exercise of

powers properly belonging to one of these

departments shall exercise any powers properly

Idaho Ethics In Government

belonging to either of the others, except as in this

constitution expressly directed or permitted.

In relation to the separation of powers between state and local

governments (prohibiting a person from serving in an executive

capacity on the local level and as a legislator in the state government),

this office has been unable to find any authority indicating that the

doctrine has any application.

The fact that a state legislator is also a municipal executive officer

does not in any sense impinge or intrude upon the authority of the state

judicial or executive branches. Similarly, the fact that a city mayor is

also a state legislator does not intrude upon the authority of the

respective city council. Thus, holding dual public offices, one

municipal and one state, does not violate art. II, sec. 1 of the Idaho

Constitution. This office can find no statutory or common law

prohibition preventing a city mayor from serving in the Idaho

Legislature.

Question No. 22: May a member of a county planning and zoning

commission serve as a city councilman without creating a conflict of

interest?

Answer: The Local Planning Act contains a conflict of interest

provision:

A member or employee of a governing board,

commission, or joint commission shall not

participate in any proceeding or action when the

member or employee or his employer, business

partner, business associate, or any person related to

him by affinity or consanguinity within the second

degree has an economic interest in the procedure or

action.

Idaho Code § 67-6506.

Because a city council member is an agent of the city he/she

represents, this section would probably prevent him/her from

participating in any county zoning decisions that may affect the city’s

economic interests. However, there is no provision requiring the

council member to resign his/her position.

There is also present a question of incompatibility of office. The

common law doctrine applies if there is a potential conflict between

Idaho Ethics In Government

the two offices such that one individual could not give absolute

allegiance to both offices. Incompatibility is most often found where

one office supervises the other or when the interests of the two offices

are antagonistic to each other. 3 McQuillin on Municipal

Corporations, §§ 12.111 et seq. (3rd ed. 2018).

In the area of zoning, the interests of the county and the city may

frequently be at odds, and it is not uncommon for cities and counties

to sue one another over zoning disputes. Under such circumstances

one person could not fill both offices without a conflict of loyalty. If

two offices are incompatible, one office should be vacated. The

Attorney General’s Office recommends that one office be vacated to

eliminate the incompatibility problem.

Question No. 23: May a person serve as a chairman of a county

political party and as a member of the Idaho State Board of

Correction?

Answer: It appears that a person cannot serve as chairman of a county

political party and retain a position on the Board of Correction. Idaho

Code § 20-204 provides:

The members of the board of correction and its

officers and employees shall not, at any time of

appointment nor during their incumbency of office,

serve as the representative, officer, or employee of

any political party.

The language of this code section is clear and unambiguous. An

individual cannot serve as a representative, officer or employee of a

political party and also serve on the State Board of Correction.

PUBLIC INTEGRITY IN ELECTIONS

Question No. 24: Is it a violation of the Public Integrity in Elections

Act for a public employee to campaign for or against a candidate or

the outcome of a ballot measure to co-workers and/or the public while

at work?

Answer: The legislative intent of this chapter provided in Idaho Code

§ 74-602 states:

The legislature finds that it is against the public

policy of the state of Idaho for public funds,

Idaho Ethics In Government

resources or property to be used to advocate for or

against a candidate or ballot measure.

Campaigning while at work is a violation of this Act because the

employee is using the states’ time, which is equivalent to funds and

resources that should be dedicated to the states’ work. While this

statute clearly prohibits the advocacy of candidate or ballot measure

by a public entity and/or state agency, exclusions to this Act are

provided in Idaho Code § 74-605 that allow for advocacy for or

against a candidate or ballot measure by a public official or employee

so long as no public funds, property or resources are used.

Question No. 25: Can a state legislator distribute electronic

information for or against a candidate or the outcome of a ballot

measure from the legislator’s office?

Answer: The Attorney General Guideline dated January 9, 2018,

specifically addresses this question and states: “[t]his office has

concluded that the use of public funds or resources to advocate for or

against a candidate or a matter coming up for a vote is prohibited by

the public purpose doctrine.” 2018 Idaho Att’y Gen. Ann. Rpt. 43.

The guideline further states that distributing electronic

information with the use of state issued equipment and access equates

to the use of public funds. 2018 Idaho Att’y Gen. Ann. Rpt. 44.

Additional analysis provided in the Attorney General Guideline

dated January 20, 1997 states:

The prohibition of the use of public funds in

political campaigns is primarily based upon the

public funds doctrine. The doctrine prohibits the

expenditure of public moneys for purposes

unrelated to the function of government. As noted

by the New York Supreme Court in Stern v.

Kramarsky, 375 N.Y.S. 2d 235 (1975):

Public funds are trust funds, and as such are

sacred and are to be used for the operation of

government. For government agencies to

attempt to influence public opinion on such

matters inhibits the democratic process through

the misuse of government funds and prestige.

Improper expenditure of funds, whether

directly through promotional and advertising

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activities or indirectly through the use of

government employees or facilities cannot be

countenanced.

1997 Idaho Att’y Gen. Ann. Rpt. 35.

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CONSANGUINITY CHART

Idaho Ethics In Government

RELEVANT STATUTES

BRIBERY AND CORRUPT INFLUENCE ACT

18-1351. Bribery and corrupt practices — Definitions. Unless a

different meaning plainly is required in this chapter:

(1) “Benefit” means gain or advantage, or anything regarded by the

beneficiary as gain or advantage, including benefit to any other person or

entity in whose welfare he is interested, but not an advantage promised

generally to a group or class of voters as a consequence of public measures

which a candidate engages to support or oppose. “Benefit” does not

include an award with economic significance of five hundred dollars

($500) or less given to a nonelected public servant by a nonprofit

organization whose membership is limited to public servants as part of a

public servant recognition program that is designed to recognize

innovation and achievement in the workplace, provided that the

organization discloses in advance on its website the nature of the program,

the amount of the award, the names of any persons or entities that

contributed to the award and the recipient of the award.

(2) “Confidential information” means knowledge gained through a

public office, official duty or employment by a governmental entity which

is not subject to disclosure to the general public and which, if utilized in

financial transactions would provide the user with an advantage over those

not having such information or result in harm to the governmental entity

from which it was obtained.

(3) “Government” includes any branch, subdivision or agency of

the government of the state or any locality within it and other political

subdivisions including, but not limited to, highway districts, planning and

zoning commissions and cemetery districts, and all other governmental

districts, commissions or governmental bodies not specifically mentioned

in this chapter.

(4) “Harm” means loss, disadvantage or injury, including loss,

disadvantage or injury to any other person or entity in whose welfare he is

interested.

(5) “Official proceeding” means a proceeding heard or which may

be heard before any legislative, judicial, administrative or other

governmental agency or official authorized to take evidence under oath,

including any referee, hearing examiner, commissioner, notary or other

person taking testimony or deposition in connection with any such

proceeding.

Idaho Ethics In Government

(6) “Party official” means a person who holds an elective or

appointive post in a political party in the United States by virtue of which

he directs or conducts, or participates in directing or conducting party

affairs at any level of responsibility.

(7) “Pecuniary benefit” is any benefit to a public official or member

of his household in the form of money, property or commercial interests,

the primary significance of which is economic gain.

(8) “Public servant” means any officer or employee of government,

including legislators and judges, and any person participating as juror,

advisor, consultant or otherwise, in performing a governmental function;

but the term does not include witnesses.

(9) “Administrative proceeding” means any proceeding, other than

a judicial proceeding, the outcome of which is required to be based on a

record or documentation prescribed by law, or in which law or regulation

is particularized in application to individuals.

18-1352. Bribery in official and political matters. A person is guilty of

bribery, a felony, if he offers, confers or agrees to confer upon another, or

solicits, accepts or agrees to accept from another:

(1) Any pecuniary benefit as consideration for the recipient’s

decision, opinion, recommendation, vote or other exercise of discretion as

a public servant, party official or voter; or

(2) Any benefit as consideration for the recipient’s decision, vote,

recommendation or other exercise of official discretion in a judicial or

administrative proceeding; or

(3) Any benefit as consideration for a violation of a known legal

duty as public servant or party official. It is no defense to prosecution under

this section that a person whom the actor sought to influence was not

qualified to act in the desired way whether because he had not yet assumed

office, or lacked jurisdiction, or for any other reason.

18-1353. Threats and other improper influence in official and political

matters.

(1) Offenses defined. A person commits an offense if he:

(a) threatens unlawful harm to any person with purpose to

influence his decision, opinion, recommendation, vote or other

Idaho Ethics In Government

exercise of discretion as a public servant, party official or voter;

(b) threatens harm to any public servant with purpose to

influence his decision, opinion, recommendation, vote or other

exercise of discretion in a judicial or administrative proceeding;

with purpose to influence him to violate his known legal duty; or

(d) privately addresses to any public servant who has or will

have an official discretion in a judicial or administrative

proceeding any representation, entreaty, argument or other

communication with purpose to influence the outcome on the

basis of considerations other than those authorized by law.

It is no defense to prosecution under this section that a person whom

the actor sought to influence was not qualified to act in the desired way,

whether because he had not yet assumed office, or lacked jurisdiction, or

for any other reason.

(2) Grading. An offense under this section is a misdemeanor unless

the actor threatened to commit a crime or made a threat with purpose to

influence a judicial or administrative proceeding, in which cases the

offense is a felony.

18-1353A. Threats against state officials of the executive, legislative

or judicial branch or elected officials of a county or city. Whoever

knowingly and willfully deposits for conveyance in the mail or for a

delivery from any post office or by any letter carrier, any letter, paper,

writing, print, missive, or document containing any threat to take the life

of or to inflict bodily harm upon any state elected official of the executive

or legislative branch, or any justice, judge or magistrate of the judicial

branch, or person appointed to fill the vacancy of a state elected official of

the executive or legislative branch of the state of Idaho, or knowingly and

willfully otherwise makes any such threat against a state elected official of

the executive or legislative branch, or any justice, judge or magistrate of

the judicial branch, or person appointed to fill the vacancy of a state elected

official of the executive or legislative branch of the state of Idaho is guilty

of a misdemeanor and upon conviction thereof shall be fined not to exceed

one thousand dollars ($1,000) and shall be sentenced to not to exceed one

(1) year in the county jail. If such threat is made while the defendant

exhibits a firearm or other dangerous or deadly weapon, the defendant

shall be guilty of a felony. Upon a second or subsequent conviction of an

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offense under this section, the defendant shall be guilty of a felony and

shall be sentenced to a term of not to exceed five (5) years in the state

penitentiary.

18-1354. Compensation for past official behavior. A person commits

a misdemeanor if he solicits, accepts, or agrees to accept any pecuniary

benefit as compensation for having as public servant, given a decision,

opinion, recommendation or vote favorable to another, or for having

otherwise exercised a discretion in his favor, or for having violated his

duty. A person commits a misdemeanor if he offers, confers or agrees to

confer, compensation, acceptance of which is prohibited by this section.

18-1355. Retaliation for past official action. A person commits a

misdemeanor if he harms another by any unlawful acts in retaliation for

anything lawfully done by the latter in the capacity of public servant.

18-1356. Gifts to public servants by persons subject to their

jurisdiction.

(1) Regulatory and law enforcement officials. No public servant in

any department or agency exercising regulatory functions, or conducting

inspections or investigations, or carrying on civil or criminal litigation on

behalf of the government, or having custody of prisoners, shall solicit,

accept or agree to accept any pecuniary benefit from a person known to be

subject to such regulation, inspection, investigation or custody, or against

whom such litigation is known to be pending or contemplated.

(2) Officials concerned with government contracts and pecuniary

transactions. No public servant having any discretionary function to

perform in connection with contracts, purchases, payments, claims or other

pecuniary transactions of the government shall solicit, accept or agree to

accept any pecuniary benefit from any person known to be interested in or

likely to become interested in any such contract, purchase, payment, claim

or transaction.

(3) Judicial and administrative officials. No public servant having

judicial or administrative authority and no public servant employed by or

in a court or other tribunal having such authority, or participating in the

enforcement of its decisions, shall solicit, accept or agree to accept any

pecuniary benefit from a person known to be interested in or likely to

become interested in any matter before such public servant or a tribunal

with which he is associated.

(4) Legislative and executive officials. No legislator or public

servant shall solicit, accept or agree to accept any pecuniary benefit in

Idaho Ethics In Government

return for action on a bill, legislation, proceeding or official transaction

from any person known to be interested in a bill, legislation, official

transaction or proceeding.

(5) Exceptions. This section shall not apply to:

(a) fees prescribed by law to be received by a public servant,

or any other benefit for which the recipient gives legitimate

consideration or to which he is otherwise legally entitled; or

(b) gifts or other benefits conferred on account of kinship or

other personal, professional or business relationship independent

of the official status of the receiver; or

($50.00) incidental to personal, professional or business contacts

and involving no substantial risk of undermining official

impartiality; or

(d) benefits received as a result of lobbying activities that

are disclosed in reports required by chapter 66, title 67, Idaho

Code. This exception shall not apply to any activities prohibited

by subsections (1) through (4) of this section.

(6) Offering benefits prohibited. No person shall knowingly confer,

or offer or agree to confer, any benefit prohibited by the foregoing

subsections.

(7) Grade of offense. An offense under this section is a

misdemeanor and shall be punished as provided in this chapter.

18-1357. Compensating public servant for assisting private interests

in relation to matters before him.

(1) Receiving compensation. A public servant commits a

misdemeanor if he solicits, accepts or agrees to accept compensation for

advice or other assistance in preparing or promoting a bill, contract, claim,

or other transaction or proposal as to which he knows that he has or is

likely to have an official discretion to exercise.

(2) Paying compensation. A person commits a misdemeanor if he

pays or offers or agrees to pay compensation to a public servant with

knowledge that acceptance by the public servant is unlawful.

Idaho Ethics In Government

18-1358. Selling political endorsement — Special influence.

(1) Selling political endorsement. A person commits a

misdemeanor if he solicits, receives, agrees to receive, or agrees that any

political party or other person shall receive any pecuniary benefit as

consideration for approval or disapproval of an appointment or

advancement in public service, or for approval or disapproval of any

person or transaction for any benefit conferred by an official or agency of

the government. “Approval” includes recommendations, failure to

disapprove, or any other manifestation of favor or acquiescence.

“Disapproval” includes failure to approve, or any other manifestation of

disfavor or non-acquiescence.

(2) Other trading in special influence. A person commits a

misdemeanor if he solicits, receives or agrees to receive any pecuniary

benefit as consideration for exerting special influence upon a public

servant or procuring another to do so. “Special influence” means power to

influence through kinship, friendship, or other relationship apart from the

merits of the transaction.

(3) Paying for endorsement or special influence. A person commits

a misdemeanor if he offers, confers or agrees to confer any pecuniary

benefit, receipt of which is prohibited by this section.

18-1359. Using public position for personal gain.

(1) No public servant shall:

(a) Without the specific authorization of the governmental

entity for which he serves, use public funds or property to obtain

a pecuniary benefit for himself.

(b) Solicit, accept or receive a pecuniary benefit as payment

for services, advice, assistance or conduct customarily exercised

in the course of his official duties. This prohibition shall not

include trivial benefits not to exceed a value of fifty dollars

($50.00) incidental to personal, professional or business contacts

and involving no substantial risk of undermining official

impartiality.

course of or by reason of his official position or activities in any

manner with the intent to obtain a pecuniary benefit for himself

or any other person or entity in whose welfare he is interested or

Idaho Ethics In Government

with the intent to harm the governmental entity for which he

serves.

(d) Be interested in any contract made by him in his official

capacity, or by any body or board of which he is a member, except

as provided in section 18-1361, Idaho Code.

(e) Appoint or vote for the appointment of any person

related to him by blood or marriage within the second degree, to

any clerkship, office, position, employment or duty, when the

salary, wages, pay or compensation of such appointee is to be

paid out of public funds or fees of office, or appoint or furnish

employment to any person whose salary, wages, pay or

compensation is to be paid out of public funds or fees of office,

and who is related by either blood or marriage within the second

degree to any other public servant when such appointment is

made on the agreement or promise of such other public servant or

any other public servant to appoint or furnish employment to

anyone so related to the public servant making or voting for such

appointment. Any public servant who pays out of any public

funds under his control or who draws or authorizes the drawing

of any warrant or authority for the payment out of any public fund

of the salary, wages, pay, or compensation of any such ineligible

person, knowing him to be ineligible, is guilty of a misdemeanor

and shall be punished as provided in this chapter.

(f) Unless specifically authorized by another provision of

law, commit any act prohibited of members of the legislature or

any officer or employee of any branch of the state government by

section 67-5726, Idaho Code, violations of which are subject to

penalties as provided in section 67-5734, Idaho Code, which

prohibition and penalties shall be deemed to extend to all public

servants pursuant to the provisions of this section.

(2) No person related to any member of the legislature by blood or

marriage within the second degree shall be appointed to any clerkship,

office, position, employment or duty within the legislative branch of

government or otherwise be employed by the legislative branch of

government when the salary, wages, pay or compensation of such

appointee or employee is to be paid out of public funds.

(3) No person related to a mayor or member of a city council by

blood or marriage within the second degree shall be appointed to any

clerkship, office, position, employment or duty with the mayor’s or city

Idaho Ethics In Government

council’s city when the salary, wages, pay or compensation of such

appointee or employee is to be paid out of public funds.

(4) No person related to a county commissioner by blood or

marriage within the second degree shall be appointed to any clerkship,

office, position, employment or duty with the commissioner’s county

when the salary, wages, pay or compensation of such appointee or

employee is to be paid out of public funds.

(5) (a) An employee of a governmental entity holding a

position prior to the election of a local government official, who is related

within the second degree, shall be entitled to retain his or her position and

receive general pay increases, step increases, cost of living increases,

and/or other across the board increases in salary or merit increases,

benefits and bonuses or promotions.

(b) Nothing in this section shall be construed as creating any

property rights in the position held by an employee subject to this

section, and all authority in regard to disciplinary action, transfer,

dismissal, demotion or termination shall continue to apply to the

employee.

(6) The prohibitions contained within this section shall not include

conduct defined by the provisions of section 74-403(4), Idaho Code.

(7) The prohibitions within this section and section 18-1356, Idaho

Code, as it applies to part-time public servants, do not include those actions

or conduct involving the public servant’s business, profession or

occupation and unrelated to the public servant’s official conduct, and do

not apply to a pecuniary benefit received in the normal course of a

legislator’s business, profession or occupation and unrelated to any bill,

legislation, proceeding or official transaction.

18-1360. Penalties. Any public servant who violates the provisions of this

chapter, unless otherwise provided, shall be guilty of a misdemeanor and

may be punished by a fine not exceeding one thousand dollars ($1,000), or

by incarceration in the county jail for a period not exceeding one (1) year,

or by both such fine and incarceration. In addition to any penalty imposed

in this chapter, any person who violates the provisions of this chapter may

be required to forfeit his office and may be ordered to make restitution of

any benefit received by him to the governmental entity from which it was

obtained.

18-1361. Self-interested contracts — Exception. Where there are less

than three (3) suppliers of a good or a service within a fifteen (15) mile

Idaho Ethics In Government

radius of where the good or service is to be provided, it shall not constitute

a violation of the provisions of subsection (1) (d) or (e) of section 18-1359,

Idaho Code, for a public servant or for his relative to contract with the

public body of which the public servant is a member if the contract is

reasonably necessary to respond to a disaster as defined in chapter 10, title

46, Idaho Code, or if the procedures listed below are strictly observed. For

purposes of this section, “relative” shall mean any person related to the

public servant by blood or marriage within the second degree.

(1) The contract is competitively bid and the public servant or his

relative submits the low bid; and

(2) Neither the public servant nor his relative takes any part in the

preparation of the contract or bid specifications, and the public servant

takes no part in voting on or approving the contract or bid specifications;

and

(3) The public servant makes full disclosure, in writing, to all

members of the governing body, council or board of said public body of

his interest or that of his relative and of his or his relative’s intention to bid

on the contract; and

(4) Neither the public servant nor his relative has violated any

provision of Idaho law pertaining to competitive bidding or improper

solicitation of business.

18-1361A. Non-compensated appointed public servant — Relatives of

public servant — Exception. When a person is a public servant by reason

of his appointment to a governmental entity board for which the person

receives no salary or fees for his service on said board, it shall not

constitute a violation of the provisions of subsection (1) (d) or (e) of

section 18-1359, Idaho Code, for a public servant or for his relative to

contract with the public body of which the public servant is a member if

the procedures listed below are strictly observed. For purposes of this

section, “relative” shall mean any person related to the public servant by

blood or marriage within the second degree.

(1) The contract is competitively bid and the public servant or his

relative submits the low bid; and

(2) Neither the public servant nor his relative takes any part in the

preparation of the contract or bid specifications, and the public servant

takes no part in voting on or approving the contract or bid specifications;

and

Idaho Ethics In Government

(3) The public servant makes full disclosure, in writing, to all

members of the governing body, council or board of said public body of

his interest or that of his relative and of his or his relative’s intention to

bid on the contract; and

(4) Neither the public servant nor his relative has violated any

provision of Idaho law pertaining to competitive bidding or improper

solicitation of business.

18-1362. Cause of action. A prosecuting attorney or the attorney general

may bring an action in the district court of the county in which a public

servant resides to enjoin a violation of the provisions of this chapter and to

require the public servant to make restitution to the government of any

pecuniary gain obtained. The prevailing party shall be awarded his costs

and reasonable attorney fees.

ETHICS IN GOVERNMENT ACT

74-401. Short title. This act shall be known and may be cited as the

“Ethics in Government Act of 2015.”

74-402. Policy and purpose. It is hereby declared that the position of a

public official at all levels of government is a public trust and it is in the

public interest to:

(1) Protect the integrity of government throughout the state of

Idaho while at the same time facilitating recruitment and retention of

personnel needed within government;

(2) Assure independence, impartiality and honesty of public

officials in governmental functions;

(3) Inform citizens of the existence of personal interests which may

present a conflict of interest between an official’s public trust and private

concerns;

(4) Prevent public office from being used for personal gain

contrary to the public interest;

(5) Prevent special interests from unduly influencing

governmental action; and

(6) Assure that governmental functions and policies reflect, to the

maximum extent possible, the public interest.

Idaho Ethics In Government

74-403. Definitions. — For purposes of this chapter:

(1) “Official action” means any decision on, or proposal,

consideration, enactment, defeat, or making of any rule, regulation, rate-

making proceeding or policy action or nonaction by a governmental body

or any other policy matter which is within the official jurisdiction of the

governmental body.

(2) “Business” means any undertaking operated for economic gain,

including, but not limited to, a corporation, partnership, trust,

proprietorship, firm, association or joint venture.

(3) “Business with which a public official is associated” means any

business of which the public official or member of his household is a

director, officer, owner, partner, employee or holder of stock over five

thousand dollars ($5,000) or more at fair market value.

(4) “Conflict of interest” means any official action or any decision

or recommendation by a person acting in a capacity as a public official,

the effect of which would be to the private pecuniary benefit of the person

or a member of the person’s household, or a business with which the

person or a member of the person’s household is associated, unless the

pecuniary benefit arises out of the following:

(a) An interest or membership in a particular business,

industry, occupation or class required by law as a prerequisite to

the holding by the person of the office or position;

(b) Any action in the person’s official capacity which would

affect to the same degree a class consisting of an industry or

occupation group in which the person, or a member of the

person’s household or business with which the person is

associated, is a member or is engaged;

profession, trade or occupation where his interest would be

affected to the same degree as that of a substantial group or class

of others similarly engaged in the profession, trade or occupation;

(d) Any action by a public official upon any revenue

measure, any appropriation measure or any measure imposing a

tax, when similarly situated members of the general public are

affected by the outcome of the action in a substantially similar

manner and degree.

Idaho Ethics In Government

(5) “Economic gain” means increase in pecuniary value from

sources other than lawful compensation as a public official.

(6) “Governmental entity” means:

(a) The state of Idaho and all agencies, commissions and

other governmental bodies of the state; and

(b) Counties and municipalities of the state of Idaho, all

other political subdivisions including, but not limited to, highway

districts, planning and zoning commissions or governmental

bodies not specifically mentioned in this chapter.

(7) “Members of a household” mean the spouse and dependent

children of the public official and/or persons whom the public official is

legally obligated to support.

(8) “Person” means an individual, proprietorship, partnership,

association, trust, estate, business trust, group or corporation, whether

operated for profit or not, and any other legal entity, or agent or servant

thereof, or a governmental entity.

(9) “Public office” means any position in which the normal and

usual duties are conducted on behalf of a governmental entity.

(10) “Public official” means any person holding public office in the

following capacity:

(a) As an elected public official meaning any person

holding public office of a governmental entity by virtue of an

elected process, including persons appointed to a vacant elected

office of a governmental entity, excluding members of the

judiciary; or

(b) As an elected legislative public official meaning any

person holding public office as a legislator; or

holding public office of a governmental entity by virtue of formal

appointment as required by law; or

(d) As an employed public official meaning any person

holding public office of a governmental entity by virtue of

employment, or a person employed by a governmental entity on

a consultative basis.

Idaho Ethics In Government

74-404. 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

Idaho Ethics In Government

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;

and take appropriate action.

74-405. Noncompensated public official — Exception. When a person

is a public official by reason of his appointment or election to a governing

board of a governmental entity for which the person receives no salary or

fee as compensation for his service on said board, he shall not be prohibited

from having an interest in any contract made or entered into by the board

of which he is a member, if he strictly observes the procedure set out in

section 18-1361A, Idaho Code.

Idaho Ethics In Government

74-406. Civil penalty.

(1) Any public official who intentionally fails to disclose a conflict

of interest as provided for in section 74-404, 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 74-404(6), Idaho Code.

(2) The penalty prescribed in subsection (1) of this section does not

limit the power of either house of the legislature to discipline its own

members, nor limit the power of governmental entities, including

occupational or professional licensing bodies, to discipline their members

or personnel. A violation of the provisions of this chapter shall not

preclude prosecution and conviction for any criminal violation that may

have been committed.

PROHIBITIONS AGAINST CONTRACTS WITH OFFICERS

74-501. Officers not to be interested in contracts. Members of the

legislature, state, county, city, district and precinct officers, must not be

interested in any contract made by them in their official capacity, or by any

body or board of which they are members.

74-502. Remote interests.

(1) A public officer shall not be deemed to be interested in a

contract, within the meaning of section 74-501, Idaho Code, if he has only

a remote interest in the contract and if the fact and extent of such interest

is disclosed to the body of which he is an officer and noted in the official

minutes or similar records prior to the formation of the contract, and

thereafter the governing body authorizes, approves, or ratifies the contract

in good faith by a vote of its membership sufficient for the purpose without

counting the vote or votes of the officer having the remote interest. As used

in this section, “remote interest” means:

(a) That of a nonsalaried officer of a nonprofit corporation;

(b) That of an employee or agent of a contracting party

where the compensation of such employee or agent consists

entirely of fixed wages or salary; or

Idaho Ethics In Government

(d) That of a holder of less than one percent (1%) of the

shares of a corporation or cooperative which is a contracting

party.

(2) Although a public official’s interest in a contract may be only

remote, a public official shall not influence or attempt to influence any

other officer of the board of which he is an officer to enter into the contract.

Violation of the provisions of this subsection shall be a misdemeanor as

provided in section 74-509, Idaho Code. Any contract created or entered

into in violation of the provisions of this subsection shall be void.

74-503. Officers not to be interested in sales. State, county, district,

precinct and city officers must not be purchasers at any sale nor vendors at

any purchase made by them in their official capacity.

74-504. Prohibited contracts voidable. Every contract made in violation

of any of the provisions of this chapter may be avoided at the instance of

any party except the officer interested therein.

74-505. Dealing in warrants prohibited. The state treasurer and state

controller, the several county, city, district or precinct officers of this state,

their deputies and clerks, are prohibited from purchasing or selling, or in

any manner receiving to their own use or benefit, or to the use or benefit

of any person or persons, whatever, any state, county, or city warrants,

scrip, orders, demands, claims, or other evidences of indebtedness against

the state, or any county or city thereof, except evidences of indebtedness

issued to or held by them for services rendered as such officer, deputy or

clerk, and evidences of the funded indebtedness of such state, county, city,

district or corporation.

74-506. Affidavit of nonviolation a prerequisite to allowance of

accounts. Every officer whose duty it is to audit and allow the accounts

of other state, county, district, city or precinct officers, must, before

allowing such accounts, require each of such officers to make and file with

him an affidavit that he has not violated any of the provisions of this

chapter.

74-507. Provisions of chapter violated — Disbursing officer not to pay

warrants. Officers charged with the disbursement of public moneys must

not pay any warrant or other evidence of indebtedness against the state,

county, city or district, when the same has been purchased, sold, received

or transferred contrary to any of the provisions of this chapter.

74-508. Suspension of settlement or payment — Prosecution of

offenders. Every officer charged with the disbursement of public moneys,

Idaho Ethics In Government

who is informed by affidavit that any officer whose account is to be settled,

audited, or paid by him, has violated any of the provisions of this chapter,

must suspend such settlement or payment, and cause such officer to be

prosecuted for such violation.

74-509. Violation. A violation of the provisions of this chapter, unless

otherwise provided, is a misdemeanor and shall be punished by a fine not

exceeding one thousand dollars ($1,000), or incarceration in the county jail

for a period not exceeding one (1) year, or by both such fine and

incarceration.

74-510. Noncompensated public official — Exception. When a person

is a public official by reason of his appointment or election to a governing

board of a governmental entity for which the person receives no salary or

fee as compensation for his service on said board, he shall not be prohibited

from having an interest in any contract made or entered into by the board

of which he is a member, if he strictly observes the procedure set out in

section 18-1361A, Idaho Code.

74-511. Violation relating to public contracts. Officers shall not commit

any act prohibited by section 67-9230, Idaho Code, violations of which are

subject to penalties as provided in section 67-9231, Idaho Code, and which

prohibitions and penalties shall be deemed to extend to all public officers

governed by the provisions of this chapter.

PUBLIC INTEGRITY IN ELECTIONS ACT

74-601. Short title. This act shall be known and may be cited as the

“Public Integrity in Elections Act.”

74-602. Legislative intent. The legislature finds that is against the public

policy of the state of Idaho for public funds, resources or property to be

used to advocate for or against a candidate or ballot measure.

74-603. Definitions. As used in this chapter:

(1) (a) “Advocate” means to campaign for or against a

candidate or the outcome of a ballot measure.

(b) “Advocate” does not mean providing factual

information about a ballot measure and the public entity’s reason

for the ballot measure stated in a factually neutral manner.

Factual information includes, but is not limited to, the cost of

indebtedness, intended purpose, condition of property to be

addressed, date and location of election, qualifications of

Idaho Ethics In Government

candidates or other applicable information necessary to provide

transparency to electors.

(2) “Ballot measure” means constitutional amendments, bond

measures or levy measures.

(3) “Candidate” means and includes every person for whom it is

contemplated or desired that votes be cast at any political convention,

primary, general, local or special election and who either tacitly or

expressly consents to be so considered.

(4) “Expenditure” means:

(a) A purchase, payment, donation, distribution, loan,

advance, deposit, gift of money, or anything of value; or

(b) A legally enforceable contract, promise or agreement to

make any purchase, payment, donation, distribution, loan,

advance, deposit, gift of money, or anything of value.

(5) “Property or resources” means goods, services, equipment,

computer software and hardware, other items of intangible property, or

facilities provided to or for the benefit of a candidate, a candidate’s

personal campaign committee, a political issues committee for political

purposes, or advocacy for or against a ballot measure or candidate. Public

property or resources that are available to the general public are exempt

from this exclusion.

(6) “Public entity” means the state, each state agency, county,

municipality, school district or other taxing district or public corporation

empowered to submit ballot measures to its electors.

(7) “Public funds” means any money received by a public entity

from appropriations, taxes, fees, interest or other returns on investment.

(8) “Public official” means an elected or appointed member of a

public entity who has:

(a) Authority to make or determine public policy;

(b) Supervisory authority over the personnel and affairs of

a public entity; or

public entity.

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(9) “State agency” means each department, commission, board,

council, agency, institution, officer, corporation, fund, division, office,

committee, authority or other administrative unit of the state.

74-604. Public funds prohibited.

(1) Unless specifically required by law, and except as provided in

this chapter, neither a public entity nor its employees shall make, nor shall

a public official make or authorize, an expenditure from public funds to

advocate for or against a candidate or a ballot measure.

(2) Neither a public entity nor any of its employees shall use, nor

shall a public official authorize or use, public property or resources to

advocate for or against a candidate or a ballot measure.

74-605. Exclusions. Nothing in this chapter shall prohibit:

(1) A public official or employee from speaking, campaigning,

contributing personal money or otherwise exercising the public official’s

or employee’s individual first amendment rights for political purposes,

provided no public funds are used for expenditures supporting the public

official or employee in such activity;

(2) A public entity, public official or employee from the neutral

encouragement of voters to vote;

(3) An elected official or employee from personally campaigning

or advocating for or against a ballot measure, provided no public funds,

property or resources are used for supporting the elected official or

employee in such activity;

(4) A public entity from preparing and distributing to electors an

objective statement explaining the purpose and effect of the ballot

measure, including in the case of bond or levy elections the cost per

taxpayer or taxable value, or similar information based on reasonable

estimates prepared in good faith;

(5) The formulation and publication of statements regarding

proposed amendments to the state constitution, as authorized by section

67-453, Idaho Code;

(6) The publication of information described in section 34-439,

34-439A and 34-1406, Idaho Code, as applicable, or other provisions of

law requiring notices and disclosures in connection with elections and

ballot measures; or

Idaho Ethics In Government

(7) A balanced student classroom discussion or debate of current

or pending election issues.

74-606. Violations — Remedies.

(1) Any public official or employee who conducts or participates

in an activity that violates the provisions of this chapter shall be subject to

a civil penalty not to exceed two hundred fifty dollars ($250).

(2) Any public official or employee who knowingly violates the

provisions of this chapter shall be subject to a civil penalty not to exceed

one thousand five hundred dollars ($1,500).

(3) Any public official or employee who knowingly violates any

provision of this chapter and who has previously admitted to committing

or has been previously determined to have committed a violation pursuant

to subsection (2) of this section within the twelve (12) months preceding

this subsequent violation shall be subject to a civil penalty not to exceed

two thousand five hundred dollars ($2,500).

(4) The attorney general shall have the duty to enforce this

chapter in relation to public agencies of state government, and the

prosecuting attorneys of the various counties shall have the duty to enforce

this chapter in relation to local public agencies within their respective

jurisdictions. In the event that there is reason to believe that a violation of

the provisions of this act has been committed by members of a board of

county commissioners or, for any other reason a county prosecuting

attorney is deemed disqualified from proceeding to enforce this chapter,

the prosecuting attorney or board of county commissioners shall seek to

have a special prosecutor appointed for that purpose, as provided in section

31-2603, Idaho Code.

MISCELLANEOUS STATUTES

31-2606. Prohibitions. No prosecuting attorney must receive any fee or

reward for or on behalf of any prosecutor or other individual, for services

in any prosecution, or business to which it is his official duty to attend or

discharge; nor be concerned as attorney or counsel for either party other

than for the state, people or county, in any civil action depending upon the

same state of facts, upon which any criminal prosecution commenced but

not determined depends, and no law partner of any county attorney must

be engaged in the defense of any suit, action or proceeding, in which said

prosecuting attorney appears on behalf of the people, state or county.

Idaho Ethics In Government

33-507. Limitation upon authority of trustees.

(1) It shall be unlawful for any trustee to have pecuniary interest,

directly or indirectly, in any contract or other transaction pertaining to the

maintenance or conduct of the school district or to accept any reward or

compensation for services rendered as a trustee except as may be otherwise

provided in this section. The board of trustees of a school district may

accept and award contracts involving the school district to businesses in

which a trustee or a person related to him by blood or marriage within the

second degree has a direct or indirect interest provided that the procedures

set forth in section 18-1361 or 18-1361A, Idaho Code, are followed. The

receiving, soliciting or acceptance of moneys of a school district for

deposit in any bank or trust company, or the lending of money by any bank

or trust company to any school district, shall not be deemed to be a contract

pertaining to the maintenance or conduct of a school district within the

meaning of this section; nor shall the payment by any school district board

of trustees of compensation to any bank or trust company, for services

rendered in the transaction of any banking business with such district board

of trustees, be deemed the payment of any reward or compensation to any

officer or director of any such bank or trust company within the meaning

of this section.

(2) It shall be unlawful for the board of trustees of any class of

school district to enter into or execute any contract with the spouse of any

member of such board, the terms of which said contract requires or will

require the payment or delivery of any school district funds, money or

property to such spouse, except as provided in subsection (3) of this section

or in section 18-1361 or 18-1361A, Idaho Code.

(3) No spouse or any trustee may be employed by a school district

with a fall student enrollment population of greater of greater than one

thousand two hundred (1,200) in the prior school year. For school districts

with a fall student enrollment population of one thousand two hundred

(1,200) or less in the prior school year and for schools funded pursuant to

the provisions of section 33-1003 (2), Idaho Code, such spouse may be

employed in a nonadministrative position for a school year if each of the

following conditions has met:

(a) The position has been listed as open for application on

the school district website or in a local newspaper, whichever is

consistent with the district’s current practice, and the position

shall be listed for at least sixty (60) days, unless the opening

occurred during the school year, in which case the position is

Idaho Ethics In Government

listed in a newspaper, the listing shall be made in a manner

consistent with the provisions of section 60-106, Idaho Code;

(b) No applications were received that met the minimum

certification, endorsement, education or experience requirements

of the position other than such spouse;

the spouse and was absent from the meeting while in such

employment was being considered and determined.

The school district or school may employ such spouse for further school

years, provided that the conditions contained in this subsection are met for

each school year in which such spouse is employed. The trustee shall

abstain from voting in any decisions affecting the compensation, benefits,

individual performance evaluation or disciplinary action related to the

spouse and shall be absent from the meeting while such issues are being

considered and determined. Such limitation shall include, but not be

limited to: any matters relating to negotiations regarding compensation and

benefits; discussion and negotiation with district benefits providers; and

any matter relating to the spouse and letters of reprimand, direction,

probation or termination. Such limitations shall not prohibit the trustee

spouse from participating in deliberation and voting upon the district’s

annual fiscal budget or annual audit report. Any spouse of a trustee

employed as a certificated employee pursuant to this subsection shall be

employed under a category 1 contract pursuant to section 33-514A, Idaho

Code.

(4) When any relative of any trustee or relative of the spouse of a

trustee related by affinity or consanguinity within the second degree is

considered for employment in a school district, such trustee shall abstain

from voting in the election of such relative, and shall be absent from the

meeting while such employment is being considered and determined.

59-102. Legislators disqualified from holding certain offices. It shall

be unlawful for any member of the legislature, during the term for which

he was elected, to accept or receive, or for the governor, or other officials

or board, to appoint such member of the legislature to, any office of trust,

profit, honor or emolument, created by any law passed by the legislature

of which he is a member. Any appointment made in violation of this

section shall be null and void and without force and effect, and any attempt

to exercise the powers of such office by such appointee shall be a

usurpation, and the appointee shall be deemed guilty of a misdemeanor,

and, on conviction, shall be fined not less than $500 nor more than $5000.

Idaho Ethics In Government

67-9230. Prohibitions.

(1) No contract or any interest therein shall be transferred by the

contractor to whom such contract is given to any other party without the

approval in writing by the administrator and by the board of examiners

pursuant to section 67-1027, Idaho Code. Transfer of a contract without

approval shall cause the annulment of the contract so transferred, at the

option of the state. All rights of action, however, for any breach of such

contract by the contracting parties are reserved to the state.

(2) No member of the legislature or any officer or employee of

any branch of the state government shall directly, himself, or by any other

person in trust for him or for his use or benefit or on his account, undertake,

execute, hold or enjoy, in whole or part, any contract made or entered into

by or on behalf of the state of Idaho, if made by, through, or on behalf of

the department in which he is an officer or employee; or if made by,

through or on behalf of any other department unless the same is made after

competitive bids.

(3) Except as provided in this chapter, no officer or employee

shall influence or attempt to influence the award of a contract to a

particular vendor, or to deprive or attempt to deprive any vendor of a

contract.

(4) No officer or employee shall conspire with a vendor or its

agent, and no vendor or its agent shall conspire with an officer or

employee, to influence or attempt to influence the award of a contract, or

to deprive or attempt to deprive a vendor of a contract.

(5) No officer or employee shall fail to use an open contract

except as provided in this chapter.

(6) No officer or employee shall accept property knowing that the

property does not meet specifications or other acceptance criteria set forth

in the contract.

(7) Deprivation, influence or attempts thereat shall not include

written reports, based upon substantial evidence, sent to the administrator

concerning matters relating to the responsibility of vendors.

(8) No vendor or related party, or subsidiary, or affiliate of a

vendor may submit a bid to obtain a contract to provide property to the

state, if the vendor or related party, or affiliate or subsidiary was paid for

services used in preparing the specifications or if the services influenced

the procurement process.

Idaho Ethics In Government

67-6506. Conflict of interest prohibited. A governing board creating a

planning, zoning, or planning and zoning commission, or joint commission

shall provide that the area and interests within its jurisdiction are broadly

represented on the commission. A member or employee of a governing

board, commission, or joint commission shall not participate in any

proceeding or action when the member or employee or his employer,

business partner, business associate, or any person related to him by

affinity or consanguinity within the second degree has an economic

interest in the procedure or action. Any actual or potential interest in any

proceeding shall be disclosed at or before any meeting at which the action

is being heard or considered. For purposes of this section the term

"participation" means engaging in activities which constitute deliberations

pursuant to the open meeting act. No member of a governing board or a

planning and zoning commission with a conflict of interest shall

participate in any aspect of the decision-making process concerning a

matter involving the conflict of interest. A knowing violation of this

section shall be a misdemeanor.

Idaho Ethics In Government

INDEX OF ADDITIONAL

CONFLICTS OF INTEREST STATUTES

Idaho Code § 16-106 Juvenile Proceedings – Early Intervention

Services – Duties of coordinating council.

Idaho Code § 19-871 Criminal Procedure – Examination of Case and

Discharge or Commitment of Accused –

Appointment of additional counsel.

Idaho Code § 19-5109 Criminal Procedure – Peace Officer Standards

and Training Council – Powers of the council

– Standards of training, education and

employment of peace officers – Certification –

Penalties.

Idaho Code § 20-236 State Prison and County Jails – State Board of

Correction – Members or employees of board

not to be interested in contracts.

Idaho Code § 20-804 State Prison and County Jails – Private Prison

Facilities – Authority of county or city to house

prisoners in a private prison facility.

Idaho Code § 22-436 Agriculture and Horticulture – Pure Seed Law

– Seed arbitration.

Idaho Code § 23-211 Alcoholic Beverages – State Liquor Division –

Personnel not be to interested in private liquor

traffic.

Idaho Code § 31-807A Counties and County Law – Powers and Duties

of Board of Commissioners – Commissioners

must be disinterested.

Idaho Code § 31-2606 Counties and County Law – Prosecuting

Attorney – Prohibitions.

Idaho Code § 31-2806 Counties and County Law – Coroner – Coroner

to act as substitute for sheriff.

Idaho Code § 31-4505 Counties and County Law – Pollution Control

Financing – Bonds.

Idaho Ethics In Government

Idaho Code § 31-4905 Counties and County Law – Regional Solid

Waste or Domestic Septage Disposal Districts

– Conflict of interest prohibited.

Idaho Code § 33-1208 Education – Teachers – Revocation,

suspension, denial, or place reasonable

conditions on certificate – Grounds.

Idaho Code § 33-1254 Education – Teachers – Professional codes and

standards – Adoption – Publication.

Idaho Code § 33-2106 Education – Junior Colleges – Trustees of

community college districts.

Idaho Code § 33-2120 Education – Junior Colleges – Interested

commissioners or employees.

Idaho Code § 33-3004 Education – Idaho State University –

Organization, meetings and proceedings of

board.

Idaho Code § 33-3403 Education – Idaho Bureau of Educational

Services for the Deaf and the Blind Act of 2009

– Bureau of educational services for the deaf

and the blind established – Goal.

Idaho Code § 39-1328 Health and Safety – Hospital Licenses and

Inspection – Organization of board – Seal –

Duties of treasurer – Compensation of

members – Financial statement.

Idaho Code § 39-1446 Health and Safety – Health Facilities –

Organization meeting – Chairman – Executive

director – Surety bond and conflict of interest.

Idaho Code § 39-5603 Health and Safety – Personal Assistance

Services – Standards for provision of personal

assistance services.

Idaho Code § 39-6607 Health and Safety – Big Payette Lake Water

Quality Act – Organization.

Idaho Code § 39-7408B Health and Safety – Idaho Solid Waste

Facilities Act – Site review panels – Members,

chairman, quorum, meetings, staff.

Idaho Ethics In Government

Idaho Code § 39-7908 Health and Safety – Local Option Swine

Facilities Siting Act – Site review panels

established.

Idaho Code § 40-409 Highways and Bridges – Idaho Turnpike

Authority – Real property grants authorized –

Annual report – Interest in contract penalized.

Idaho Code § 40-612 Highways and Bridges – County

Commissioners and Highway Officers –

Commissioners – Highway contracts.

Idaho Code § 41-208 Insurance – The Department of Insurance –

Prohibited interests, rewards.

Idaho Code § 41-4937 Insurance – Petroleum Clean Water Trust Fund

Act – Impaired trust fund.

Idaho Code § 42-1757 Irrigation and Drainage – Water Rights and

Reclamation – Department of Water Resources

– Water Resource Board – Members of board

– Conflicts of interest.

Idaho Code § 42-3209 Irrigation and Drainage – Water Rights and

Reclamation – Water and Sewer Districts –

Organization of board – Accounts of treasurer

– Compensation of members – Annual audit –

Removal of directors.

Idaho Code § 42-5227 Irrigation and Drainage – Water Rights and

Reclamation – Ground Water Districts –

Officers must not be interested in contracts.

Idaho Code § 43-320 Irrigation Districts – Powers and Duties of

Board of Directors – Officers must not be

interested in contracts.

Idaho Code § 50-2017 Municipal Corporations – Urban Renewal Law

– Interested public officials, commissioners or

employees.

Idaho Code § 50-2705 Municipal Corporations – Municipal Industrial

Development Program – Public corporations –

Directors.

Idaho Ethics In Government

Idaho Code § 54-909 Professions, Vocations, and Businesses –

Dentists – Board of dentistry – Qualifications

of members.

Idaho Code § 54-1202(5) Professions, Vocations, and Businesses –

Engineer and Surveyors – Definitions.

Idaho Code § 54-1525 Professions, Vocations, and Businesses –

Optometrists – Referrals by optical firms

prohibited.

Idaho Code § 54-1720 Professions, Vocations, and Businesses –

Pharmacists – Other duties – Powers –

Authority.

Idaho Code § 54-1806A Professions, Vocations, and Businesses –

Physicians and Surgeons – Medical

Disciplinary Enforcement.

Idaho Code § 61-207 Public Utility Regulation – Public Utilities

Commission – Commissioners and employees

– Oath – Qualifications – Restrictions on

political activity.

Idaho Code § 63-3802 Revenue and Taxation – Board of Tax Appeals

– Members.

Idaho Code § 66-119 State Charitable Institutions – State Hospitals –

Pecuniary interest in contracts forbidden.

Idaho Code § 67-1406 State Government and State Affairs – Attorney

General – Employment of attorneys restricted

– Exemptions.

Idaho Code § 67-4713 State Government and State Affairs –

Department of Commerce – Members’

qualifications – Term of office – Conflict of

interest.

Idaho Code § 67-4909 State Government and State Affairs –

Auditorium Districts – Organization of board –

Accounts of treasurer – Compensation of

members – Annual audit – Removal of

directors.

Idaho Ethics In Government

Idaho Code § 67-5252 State Government and State Affairs – Idaho

Administrative Procedure Act – Presiding

officer – Disqualification.

Idaho Code § 67-6221 State Government and State Affairs – Idaho

Housing and Finance Association – Conflict of

interest.

Idaho Code § 67-6407 State Government and State Affairs – Idaho

State Building Authority Act – Conflict of

interest.

Idaho Code § 67-6506 State Government and State Affairs – Local

Land Use Planning – Conflict of interest

prohibited.

Idaho Code § 67-7405 State Government and State Affairs – Idaho

State Lottery – Commission – Appointment –

Chairman.

Idaho Code § 67-7443 State Government and State Affairs – Idaho

State Lottery – Conflict of interest.

Idaho Code § 67-7704 State Government and State Affairs – Bingo

and Raffles – Bingo-Raffle advisory board –

Members – Appointment – Qualifications.

Idaho Code § 67-9230 State Government and State Affairs – State

Procurement Act – Prohibitions.

Idaho Code § 68-108 Trusts and Fiduciaries – Trusts – Power of

court to permit deviation or to approve

transactions involving conflict of interest.

Idaho Code § 70-1410 Watercourses and Port Districts – Port Districts

– Commissions in General – Interest in

contracts prohibited – Exceptions.

Idaho Code § 70-2105 Watercourses and Port Districts – Idaho Port

District Economic Development Financing Act

– Conflict of interest.