SANDPOINT — Counsel for opponents of the proposed PacWest Silicon smelter proposal are insisting Pend Oreille County Commission Steve Kiss recuse himself from deliberations on an amendment to the county’s comprehensive land-use plan.

Attorneys for Citizens Against the Newport Silicon Smelter and Responsible Growth*NE Washington argue Kiss should remove himself from deciding the comp plan amendment because he personally stands to benefit from it. They note that Kiss acquired a 53-acre parcel near Mill Pond Flume from the Pend Oreille Public Utility District for $33,000 in 2016. That parcel is subject to the public lands designation, which limits it to public uses.

The county proposed last month a county-wide re-designation and rezone that would delete the public lands zone from the comp plan, in addition development regulations and table of permitted land uses in order to create a new public/institution designation.

“If the commissioner involved himself in decision making regarding this proposal, there would be an obvious conflict of interest and bias and, accordingly, the commissioner must recuse himself,” attorneys Rick Eichstaedt and Norm Semanko said in an Oct. 2 letter to the Pend Oreille County Commission.

Kiss did not respond to a request for comment.

CANSS telegraphed the plan to call on Kiss to recuse himself during a press conference before last month’s Washington Department of Ecology scoping hearing on the smelter proposal in Newport. The group contends the comp plan amendment is aimed at facilitating the smelter proposal because lands acquired by PacWest Silicon have the public lands designation.

Attorneys for CANSS and RG*NEW contend Washington courts have long recognized the prohibition barring public officials from self-dealing.

“Violating these rules can bring serious penalties, including monetary fines, nullifcation of actions, and possible forfeiture of office,” Eichstaedt and Semanko said in the letter.

They further argue that impacts of all comprehensive plan amendments must be considered concurrently and under the Washington State Environmental Policy Act.

The smelter proposal has run into fierce opposition from residents in Bonner and Pend Oreille counties because of its potential impacts to public health, air quality and water quality. There is support for the smelter, although supporters were largely silent during the scoping hearings in Newport and Priest River last month.

PacWest maintains it can safely refine silicon while providing manufacturing jobs in the region.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.