COEUR d'ALENE - The Idaho Attorney General's Office said a conflict of interest does not exist between Coeur d'Alene officials regarding the McEuen Field project.

The opinion letter, issued Wednesday by Assistant Chief Deputy Brian Kane, was in response to Rep. Kathy Sims' request. The Coeur d'Alene Republican sought to interpret ethics in government laws in relation to officials involved in the park plan who also have property ties downtown.

"Based upon the information that this (o)ffice has reviewed, it is clear that this project has received intense scrutiny from all interested stakeholders," the letter states. "When confronted with an issue like the present one, it may be worthwhile for entities to seek an advisory opinion from counsel, and then enter it into the public record at the commencement of proceedings such as those that took place on May 24, 2011. Although this will not foreclose debate, it will establish that potential conflicts of interest, both real and perceived, have been considered and analyzed prior to any (b)oard or council consideration."

That May 24 meeting was when the Coeur d'Alene City Council adopted the McEuen Field conceptual plan. Over the course of several months, the council considered thousands of written and spoken testimonies on all facets of the plan, including the perceived conflicts.

The letter said a publicly disclosed conflict analysis at the inception of this project may have been beneficial.

The letter also stated that the Attorney General's Office cannot initiate an investigation, rather an investigation should be sought through the Kootenai County Prosecutor's Office.

Sims did not return messages from The Press Wednesday.

Kootenai County Prosecutor Barry McHugh said his office has been in contact with Sims and is forwarding her complaints to a neighboring prosecuting office to determine if a case will be brought forward.

McHugh, whose wife has received contracts from the city for various public art pieces over the last couple of years, said he did not feel there was a conflict of interest should he have handled the complaint, but forwarded it on for the benefit of objectivity dealing with the perceived conflict complaints.

"Rep. Sims felt like it might be best for someone else to look at it," he said.

He did not know Wednesday which office would handle it.

The letter also said a private cause of action could be brought against the members of the City Council should someone determine the complaints warrant legal action. It also said Sims' constituents could initiate a referendum on the City Council's decision.

A referendum would require signatures from 20 percent of the total voting casting population from the 2009 general election within 60 days of the council's decision. That would mean around 1,300 signatures would have to be collected by the end of July.

Still, according to attorney Scott Reed, that would not reverse the decision.

Reed has maintained that the City Council cannot put administrative actions such as park designs to a public vote. Though Idaho law cannot prohibit people from initiating referendums, it cannot enforce the referendums either, should the remedy sought go against the law.

"Which is the case of the McEuen Field project," he said.

After receiving Sims' complaint, the Attorney General's Office contacted the city of Coeur d'Alene's legal department and Lake City Development Corp.'s legal representation to determine if they had studied the issue.

Both said they had, and wrote the office letters.

"Clearly the law doesn't recognize that the people have a conflict of interest in this situation," City Attorney Mike Gridley said Wednesday, calling the content of the Attorney General's Office letter, "no surprise."

"Unless there are some facts that someone can bring forward, I think we should move forward and focus on facts instead of innuendoes and false accusations," he said.

Kane's letter also told Sims that, as a representative, she could pursue changing or amending ethics statutes in the future.