Panel votes to send bill expanding Attorney General investigation authority to city officials to the floor

Representative Chris Bruce, sponsor of House Bill 6, told the Judiciary, Rules and Administration Committee the measure would add city elected officials to the existing authority that allows the Attorney General to investigate county elected officials for alleged violations of state criminal law. "This bill just adds city officials to that as well," Representative Bruce said.

Chief Deputy Jeff Nye of the Idaho Attorney General—s Criminal Law Division described the office—s current process for county-elected-official complaints and said the same process would be used for city officials if the bill is enacted. Nye told the committee his unit receives an intake form, conducts an initial jurisdictional review (checking whether the official is elected, whether the allegation is criminal, and whether the act was in the official—s capacity) and, where jurisdiction exists, refers matters to a special investigations unit. "If they do not check all three boxes, then we send a letter back to that individual explaining why we do not have authority to investigate and we refer them to the appropriate agency," Nye said.

Committee members questioned whether the Attorney General had asked for this authority. Representative Bruce said he received emails from smaller municipalities asking for the same recourse county officials already have. Representative Cannon asked about conflicts of interest between county prosecutors and county officials; Deputy Chief Nye said the AG—s office has concurrent jurisdiction with county prosecutors and typically coordinates with county prosecutors and other offices before stepping in.

Representative Heather Scott pressed Nye for examples of what constitutes acting in an "official capacity." Nye cited past cases where county property (a county-issued gun) was used as an example that could qualify as official-capacity conduct; he contrasted campaign activity as typically outside official capacity.

Representative Schertz asked whether the bill would increase the AG—s reach over open-meeting-law violations. Deputy Chief Nye said it would not: the statute the bill copies referenced an exception for open-meeting law that currently has no effect because the statutory text was changed in 2016 to remove civil jurisdiction; the AG—s office would continue to have authority over open-meeting law only for state entities and not local bodies.

After discussion, Representative Scott moved to send House Bill 6 to the floor with a due-pass recommendation. The committee approved the motion by voice vote; the chair announced the motion carried. The committee did not record a roll-call tally in the hearing record provided.