SANDPOINT — Commissioner Ron Korn announced Tuesday that he has been cleared of claims that he improperly disclosed confidential information related to an emergency moratorium on minor land divisions.  

Korn read a statement from the Idaho Attorney General’s Office summarizing the accusations and the office’s decision not to file criminal charges.  

According to the report, complaints alleged that the elected official was “improperly disclosing confidential information,” specifically by allegedly informing two land developers about an emergency moratorium regarding land use divisions and permits, allowing the developers to submit last-minute applications. 

The complaint centered on an email sent by former Planning Director Jake Gabell to county commissioners requesting to establish a moratorium on minor land divisions and family exemption applications. Gabell also asked commissioners to wait until the next board meeting to add the item as an emergency agenda amendment to prevent a flood of last-minute applications from developers. He further cautioned commissioners to refrain from discussing the moratorium to avoid violating Idaho’s open meeting law.  

The Attorney General’s Office report stated that criminal charges against Korn would be inappropriate for two reasons: The email wasn’t labeled confidential as defined by Idaho statute, and it “does not purport to inform the reader that it had to be kept confidential.”  

"We find it unlikely that a director of a planning department can silence a county commissioner simply by requesting that the commissioner keep information confidential. Especially when the county commissioner has a good-faith basis to believe that the suggested actions may violate Idaho open meetings law,” read the Attorney’s General Office report.  

A preliminary investigation by the Attorney’s General Office revealed that land developer Josh Pilch had received a text message showing the email sent by Gabell to the county commissioners.  

“Pilch did not identify who sent the text message but did tell our investigator it did not come from Korn,” read the report. Pilch further disclosed that he thought the information was public knowledge due to it being sent by instant message.  

The report did not disclose efforts made to identify the sender of the text message.  

Land surveyor Dan Provolt told investigators that the seven MLD and family exemption applications he submitted before the moratorium was put in place was “due in part because of conversations he had with Gabell.” He also told the investigator that the applications “had been ready for some time.”  

No additional information was provided about the conversation between Provolt and Gabell.  

Further investigative measures disclosed that Korn had sent Gabell’s March 21 email to a single person to determine if the emergency amendment to a meeting agenda to include a moratorium was considered lawful.  

“He (Korn) stated that he was trying to prevent an open meeting law violation and to protect the rights of the citizens of the county,” read the report.  

It was not disclosed who received Korn’s message.  

After reading the report to the public, Korn expressed his hope that the matter could be put to rest. 

“I feel that it’s our duty and our responsibility to provide transparency in government. That’s what the people want, we should not be doing business behind closed doors,” said Korn in final sentiments. “We actually should be looking for ways to be less intrusive and burdensome on the people instead of making their lives harder. And I will continue to do the people’s work as long as I’m here.”