Ethics in Government: Navigating Complex Scenarios for Public Officials
Avoiding a Collision
of Interests
Jerry Mason
IAC Midwinter Legislative Conference
February 2020
Key Statutes
•
Ethics in Government Act
•
Bribery and Corrupt Practices Act
•
Prohibition Against Contracting
•
Local Land Use Planning Act
Contracting (Sales)
You are elected commissioner; you own
the only grocery store in 20 miles. Can
the county continue to buy coffee room
supplies from your store?
A. Yes
B. No
Contracting (Sales)
You (a commissioner) own the local equipment
dealership with a partner. The county road
department has two graders and a nearly new
front-end loader that were bought from your
company. Can the county buy parts or service
from the service department?
A. Yes
B. No
Public Funds
While at the IAC meeting in Boise you
inadvertently use your county credit card to
buy dinner for your spouse and friends. You
didn’t notice it until the Clerk calls it to
your attention. Have you committed a
crime?
A. Yes
B. No
Employment
You are the elected assessor. Your son-
in-law works for the city PD and is
offered a position with higher rank in
the Sheriff’s department. Can he
accept the offer?
A. Yes
B. No
Alternative
Your son-in-law excels at GIS. As the
Assessor, can you offer him a job in
your office?
A. Yes
B. No
Alternative
Now you are a Commissioner, can the
Assessor who succeeded you offer
employment to your son-in-law?
A. Yes
B. No
Purchasing
You have solicited bids for a remodeling job at
the courthouse. The apparent low bid is
submitted by a company owned by a friend who
is a leader in the congregation of your church, as
are you. You learn that the power of attorney of
the insurer of the low bidder has expired. Can
you accept the bid?
A. Yes
B. No
Planning and Zoning Conflicts
Your county owns 40 acres of farmland on the
outside edge of the county seat that is being held
for a future justice complex. The neighboring
landowner seeks to locate an ag services business
on the adjacent undeveloped parcel by special
use permit. Can the Commissioners serve as
decision-makers?
A. Yes
B. No
Alternatives
Same question, but the 40 acres is
owned by a close friend who is a
member of the Lions club and booster
club with you. He is a vocal opponent.
Can you participate?
A. Yes
B. No
Gifts
While attending the conference you
drop your business card into a fish bowl
for a drawing for a trip to Phoenix (4
days, 3 nights). Your card is drawn.
Can you accept the trip?
A. Yes
B. No
Relatives
You are newly elected as Commissioner. Your
sister-in-law’s daughter currently holds a
position as a deputy courtroom clerk. She had
sought a position as a senior deputy in the
Treasurer’s office. The Treasurer has chosen
her. Can she take the job?
A. Yes
B. No
Public Records
As a public hearing regarding a proposed
subdivision nears, a gaggle of people who
know your personal email and text
addresses bury you in comments about the
proposal. Can you participate in the
hearing?
A. Yes
B. No
Disclosure
You are a silent investor in an LLC that seeks
development approval from your commission.
You send your fellow commissioners a text
message recusing yourself. You go to the
hearing, but say nothing, and you don’t vote.
Are you clear of any claims of wrongdoing?
A. Yes
B. No
Contact Information
Jerry Mason
Email:
jerry@mslawid.com
Telephone: (208) 755-0270
Learn about key statutes and ethical dilemmas faced by public officials, including conflicts of interest, public fund management, employment decisions, and purchasing procedures. Explore scenarios involving contracting, use of public funds, employment relationships, and more.
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Presentation Transcript
Avoiding a Collision of Interests Jerry Mason IAC Midwinter Legislative Conference February 2020
Key Statutes Ethics in Government Act Bribery and Corrupt Practices Act Prohibition Against Contracting Local Land Use Planning Act
Contracting (Sales) You are elected commissioner; you own the only grocery store in 20 miles. Can the county continue to buy coffee room supplies from your store? A. Yes B. No
Contracting (Sales) You (a commissioner) own the local equipment dealership with a partner. The county road department has two graders and a nearly new front-end loader that were bought from your company. Can the county buy parts or service from the service department? A. Yes B. No
Public Funds While at the IAC meeting in Boise you inadvertently use your county credit card to buy dinner for your spouse and friends. You didn t notice it until the Clerk calls it to your attention. Have you committed a crime? A. Yes B. No
Employment You are the elected assessor. Your son- in-law works for the city PD and is offered a position with higher rank in the Sheriff s department. Can he accept the offer? A. Yes B. No
Alternative Your son-in-law excels at GIS. As the Assessor, can you offer him a job in your office? A. Yes B. No
Alternative Now you are a Commissioner, can the Assessor who succeeded you offer employment to your son-in-law? A. Yes B. No
Purchasing You have solicited bids for a remodeling job at the courthouse. The apparent low bid is submitted by a company owned by a friend who is a leader in the congregation of your church, as are you. You learn that the power of attorney of the insurer of the low bidder has expired. Can you accept the bid? A. Yes B. No
Planning and Zoning Conflicts Your county owns 40 acres of farmland on the outside edge of the county seat that is being held for a future justice complex. The neighboring landowner seeks to locate an ag services business on the adjacent undeveloped parcel by special use permit. Can the Commissioners serve as decision-makers? A. Yes B. No
Alternatives Same question, but the 40 acres is owned by a close friend who is a member of the Lions club and booster club with you. He is a vocal opponent. Can you participate? A. Yes B. No
Gifts While attending the conference you drop your business card into a fish bowl for a drawing for a trip to Phoenix (4 days, 3 nights). Your card is drawn. Can you accept the trip? A. Yes B. No
Relatives You are newly elected as Commissioner. Your sister-in-law s daughter currently holds a position as a deputy courtroom clerk. She had sought a position as a senior deputy in the Treasurer s office. The Treasurer has chosen her. Can she take the job? A. Yes B. No
Public Records As a public hearing regarding a proposed subdivision nears, a gaggle of people who know your personal email and text addresses bury you in comments about the proposal. Can you participate in the hearing? A. Yes B. No
Disclosure You are a silent investor in an LLC that seeks development approval from your commission. You send your fellow commissioners a text message recusing yourself. You go to the hearing, but say nothing, and you don t vote. Are you clear of any claims of wrongdoing? A. Yes B. No
Contact Information Jerry Mason Email: jerry@mslawid.com Telephone: (208) 755-0270
