The Coeur d’Alene Press online is reporting that, “The Coeur d’Alene Police Association … does not support the effort to recall Coeur d’Alene City Council members McEvers, Kennedy, Goodlander and Mayor Bloem, and that they ‘strongly support’ the officials for their continued work on behalf of the city.”

All public employees including police officers have exactly the same rights as all other citizens, and OpenCdA encourages them to exercise those rights freely and lawfully.

OpenCdA also wishes to remind the members of the Coeur d’Alene Police Association that like any other citizen involved in the recall or anti-recall efforts, law enforcement officers are also bound by Idaho Code §34-1714, §18-2001. and §18-1701 among others.  Beyond that, since they are public officials, law enforcement officers must be especially careful not to violate  Title 18, US Code, Section 242 – Deprivation of Rights Under Color of Law. 

This statute, 18 USC §242,  makes it a federal crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

The recall and anti-recall efforts in Coeur d’Alene are a constitutionally and statutorily protected activity.  Those supporting and opposing the recall must all take appropriate steps to behave lawfully.