One of Idaho’s Assistant Deputy Attorney Generals, Brian Kane, responded to Rep. Kathy Sims’ letter asking for a review of possible conflicts of interest in the McEuen decision. Kane’s letter said that, based on Kathy’s letter and the minutes of the May 24th city council meeting, there did not seem to be any conflicts of interest of a civil nature. The AG’s office cannot evaluate possible criminal conflicts.
The very good thing in the letter was the part about the public’s right to a referendum or initiative on this issue. The AG himself, Lawerence Wasden, told Kathy Sims, in a phone conversation, that he does NOT agree with Scott Reed’s assessment of the public having no right to a vote; the Attorney General said the citizens do have a voice. Here’s the quote from the official letter:
In short, although the City Council may have rejected an approach to place the McEuen Master Plan before the electorate, your constituents may have the option of placing the McEuen Master Plan on the ballot themselves through either the Referendum or Initiative processes… The Idaho Supreme Court has recognized the power of the initiative specifically noting: “Sometimes it compels authorities to listen when nothing else will.”…In sum, the Court recognized the ability of constituents to circulate petitions for initiatives with regard to virtually any issue that may come before a city council.
You can read the whole letter from the AG’s office here.
