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Cities' association urges prosecutors—not commissioners—to trigger AG review in H 896
Summary
The Association of Idaho Cities asked the committee to transfer initial referral authority in H 896 from county commission chairs to county prosecutors, arguing prosecutors are better suited to evaluate legal merit and provide an ethical check on politically charged referrals.
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Jonathan Wheatley, deputy director of the Association of Idaho Cities, told the committee he appreciated amendments to H 896 but urged a change to who may request Attorney General review. Wheatley argued referrals should come from county prosecutors, not county commission chairs, because prosecutors are legally accountable and subject to professional conduct rules and therefore better positioned to determine whether an allegation merits AG review.
Senator Wintrow raised concerns that vesting referral power in a small set of high-ranking officials might be perceived as letting the "elite investigate the elite." Wheatley echoed worries about political tensions between county and city officials and said prosecutor referrals would reduce politicization. Chairman Lakey defended the bill's gatekeeping structure and noted prosecutors retained independent ability to request investigations from the AG.
