Plan would bar ethics complaints

BOISE (AP) - A state House committee approved a plan Tuesday to bar residents from filing ethics complaints against lawmakers.

The House State Affairs Committee passed the restrictions in the wake of ethics complaints against Rep. Phil Hart, R-Athol, who is fighting against paying overdue state and federal income taxes, contending the levies are unconstitutional.

The complaints filed by lawmakers contend Hart violated his oath of office by citing legislative privilege to delay the tax matter.

Hart also faced questions about timber taken from state land to build his log home then not paying an outstanding judgment. Rep. Eric Anderson, R-Priest Lake, filed an ethics complaint against Hart concerning the timber.

Two Idaho citizens also filed ethics complaints. One came from Howard Griffiths, who last fall was running as a write-in candidate against Hart. His complaint contended Hart shouldn't have attended a meeting of Idaho judges because his tax appeal was before one of them.

The other was from GOP activist Larry Spencer against Anderson. Spencer is a Hart loyalist, so some viewed his complaint as retaliation. Spencer claimed various violations occurred, one concerning a state weed eradication program at a lake on which Anderson lives.

"I think that those were both political, and that's one of the things I would like to stop with this," said Idaho House Speaker Lawerence Denney, R-Midvale, who sponsored the bill. "If there's a legitimate ethics complaint, I think we're going to be the first ones that want to prosecute it."

The measure now goes to the full House.

Three ethics complaints against Hart were dismissed, and last week he voluntarily gave up the vice chairmanship of the House Transportation Committee in exchange for the dropping of Anderson's complaint. The committee was looking into removing Hart.

Denney said that if he received a legitimate ethics complaint from someone who isn't a lawmaker, he would file the complaint himself.

The Idaho attorney general has ruled that the existing House ethics rule only allowed complaints by House members. Lawmakers say the proposed changes will clarify that.

Denney also said the rule change "clarifies some of the things that we need to take care of so that everyone is treated fairly."

He said those changes include giving the subject of a complaint a chance to reply in writing, requiring complaints be kept confidential until the Ethics Committee has found probable cause to look into them, and requiring the committee to meet in executive session until lawmakers have found probable cause.

Another change covers ethics violations for "conduct unbecoming a member of the House," a provision Denney said was added after he spoke with House Minority Leader John Rusch, D-Lewiston.

Denney noted that's a significant change because some conduct that might not be illegal could still be reviewed by the Ethics Committee.

"Ethics proceedings are not criminal proceedings," he said. "The purpose of an ethics committee is to protect the integrity of the Legislature and of the legislative process."