Idaho's gets a D- in ethics

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Live Pain Free LASER THERAPY! ain eP Pa Liv ve LASER THERAPY! WITH ANT INST TA ree nF Fr or a consult & demonstr le f with these are eligib ally funded prog eder xcludes f *e LASER THERAPY! ANT RELIEF POSSIBLE . ee or a nominal f ation f or a consult & demonstr s compensation. er’ k or ,&w , auto accidents ams r ally funded prog . w patients only Ne atients P s compensation. ourself! or y f treatment and see y olutionar v y this re r T spitality Ln. Ricks D.C. ACCOUNTABILITY AND OVERSIGHT ETHICS REPORT: D- FOR IDAHO Idaho’s private prison scandal, the collapse of the state’s broadband contract and the debate over whether historical horse racing was misrepresented to legislators are just some of the issues that have put a spotlight on how the state sets ethical standards and provides oversight for contracts, gambling and other activities. When the Center for Public Integrity’s State Integrity Investigation looked at 330 measures for how states deter corruption and promote accountability, Idaho ranked 41st. No state received an overall A. READ REPORTER CYNTHIA SEWELL’S REPORT • DEPTH, D1 Source: Statesman research, and Center for Public Integrity, a nonpartisan, nonprofit investigative news organization ETHICS ENFORCEMENT AGENCIES The state could not answer 26 questions about how its ethics enforcement agencies operate because Idaho does not have any ethics en- forcement agencies. A new law does authorize the Attorney General’s Office to investigate complaints against elected county officials. But Idaho is one of eight states without an agency or commission to oversee ethics laws. FOOD SHRIMP DISHES TO SAVOR EXPLORE, E1 The five-day musical showcase, which kicks off Wednesday, features dozens of bands from Oregon. NEWS, A4 TREEFORT Boise music fest has Portland feel Symptoms that are often attributed to violent shaking can be the result of many other things, some doctors now say, and the change has led to the breakdown of many trials against those accused of killing infants. DEPTH, D1 Æ On Thursday, prominent physicians discuss their views. TWO-PART SERIES Shaken Baby Syndrome cases turn as medical opinions evolve STATESMAN EDITORIAL As usual, Idaho legislators aim to pass gun bills DEPTH, D1 WOMEN’S HEALTH Jolie again causes ovarian cancer discussion EXPLORE, E4 UTAH JAZZ BUY IDAHO STAMPEDE A10 ON THE WEB BEST OF TREASURE VALLEY Yes, it’s time to vote. Best TV Personality? It’s not an oxymoron — it’s a category. Every year our readers choose the best food, fun, personalities and professionals. Get to it. IDAHOSTATESMAN.COM/BOTV MURDER TRIAL Police say that Anthony W. Conner killed his father and then made it appear that he fell off a ladder. Our John Sowell covers the opening arguments. IDAHOSTATESMAN.COM EUROPE AIR CRASH PLANE MADE 8-MINUTE DIVE NEWS, A6 EDUCATION FINLAND RETHINKS SCHOOL SUBJECTS The nation already excels at teaching and learning, and now it wants youngsters to be able to focus on topics and real life applications, not just on a one- subject class. NEWS, A7 SPRING FOOTBALL IDAHO VANDALS HOPE TO TAKE A STEP FORWARD SPORTS, A10 BOISE RECREATION Pools could become skate parks NEWS, A5 Idaho Statesman WEDNESDAY, MARCH 25, 2015 59° / 39° SEE A13 HIGH CLOUDS $1 LONG-TERM POLICIES TOO COSTLY — FOR INSURERS NEWS, A7 IDAHO STATESMAN: A McClatchy Newspaper, 1200 N. Curtis Road, Boise, ID • P.O. Box 40, Boise, ID 83707 • (208) 377-6200 • © 2015 Idaho Statesman, Vol. 150, No. 243, 3 sections, 36 pages A NEWS & SPORTS Catching Up A2-3 | Local news A4 | Legislature A5 | Business A6 | Nation/World A6-7 | Sports section A10-13 | Weather A13 | Markets A2 D DEPTH Editorial D1 | Opinions D2 | Letters to the Editor D2 | Guest opinions D2 | Editorial Cartoon D2 | Legal Ads D5 E EXPLORE Recipes E1 | Carolyn Hax E1 | Comics E2-3 | Horoscopes E3 | Puzzles E3 | TV E2 | Obituaries E4 | Amy Dickinson E4 | Calendar E4 | Classifieds E6 INSIDE TODAY F EXECUTIVE, LEGISLATIVE AND JUDICIAL ACCOUNTABILITY Legislators, the governor, and cabinet-level and judicial officials are not required to file financial or asset disclosure forms. No “cooling-off peri- od” or “revolving door” policy requires public officials to wait a year or two before taking a lobbying job. Idaho is one of three states with no financial disclosure requirements for state, judicial, county and city elected officials. F STATE CIVIL SERVICE MANAGEMENT The state does not have a way — phone hot- line, email address or local office — for em- ployees to internally report corruption. Senior state employees are not required to file finan- cial or asset disclosure forms. F (Judicial: D-) PUBLIC ACCESS TO INFORMATION No agency investigates public records viola- tions. Citizens must enforce the state’s public records laws. If an agency wrongfully denies ac- cess to a public record, a citizen’s lone remedy is a lawsuit, which is often a costly and intimidat- ing process. C- POLITICAL FINANCING All contributions of $50 or more must be re- ported. The law places limits on contributions to candidates, but no limits on contributions to political parties. The secretary of state over- sees campaign finance and has the ability to conduct audits and investigations. C STATE BUDGET PROCESS The Legislature sets all state agency budgets; citizens have access to budget proceedings. The state does not have a nonpartisan entity to prepare notes on the financial effects of bills. C+ PROCUREMENT Idaho does have a competitive bidding process with conflict-of-interest provisions, but lacks mandatory training for procurement officials and financial-asset disclosure for procurement and elected officials. B- INTERNAL AUDITING The legislative audit division audits the state’s annual financial report and performs manage- ment reviews of each executive branch agency at least once every three years. The nonparti- san Office of Performance Evaluations reviews agencies and evaluates government accounta- bility. Audits and reports are available online. A LOBBYING DISCLOSURE Lobbyists are required to complete detailed spending reports, but are not required to report salaries. C+ STATE PENSION FUND MANAGEMENT The state does not require financial disclosure of board members, management and elected officials, and it has no “revolving door” policy. This could be a misleading grade: The state re- ceived zeros for not regulating placement agents, but the state does not use the agents. F STATE INSURANCE COMMISSION There’s no financial asset disclosure for board members and senior staff, and no “revolving door” policy. Documents filed by insurance companies may be exempt form public disclo- sure. F REDISTRICTING The redistricting process, conducted by a citi- zen commission appointed by Republican and Democratic leaders, is open and transparent. A

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Page 1: Idaho's gets a D- in ethics

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ACCOUNTABILITY AND OVERSIGHT

ETHICS REPORT: D- FOR IDAHOIdaho’s private prison scandal, the collapse of the state’s broadband contract and the debate

over whether historical horse racing was misrepresented to legislators are just some of the issuesthat have put a spotlight on how the state sets ethical standards and provides oversight for contracts,

gambling and other activities. When the Center for Public Integrity’s State Integrity Investigation lookedat 330 measures for how states deter corruption and promote accountability, Idaho ranked 41st.

No state received an overall A. READ REPORTER CYNTHIA SEWELL’S REPORT • DEPTH, D1

Source: Statesman research, and Center for Public Integrity, a nonpartisan, nonprofit investigative news organization

ETHICS ENFORCEMENTAGENCIES

The state could not answer 26 questions abouthow its ethics enforcement agencies operatebecause Idaho does not have any ethics en-forcement agencies. A new law does authorizethe Attorney General’s Office to investigatecomplaints against elected county officials. ButIdaho is one of eight states without an agencyor commission to oversee ethics laws.

FOOD

SHRIMP DISHESTO SAVOR EXPLORE, E1

The five-day musicalshowcase, which kicks offWednesday, features dozens ofbands from Oregon. NEWS, A4

TREEFORT

Boise music festhas Portland feel

Symptoms that are often attributed to violentshaking can be the result of many other things,some doctors now say, and the change has ledto the breakdown of many trials against thoseaccused of killing infants. DEPTH, D1

Æ On Thursday, prominent physicians discusstheir views.

TWO-PART SERIES

Shaken Baby Syndrome casesturn as medical opinions evolve

STATESMAN EDITORIAL

As usual, Idaholegislators aim

to pass gun billsDEPTH, D1

WOMEN’S HEALTH

Jolie again causesovarian cancer

discussion EXPLORE, E4

UTAH JAZZBUY IDAHO

STAMPEDE A10

ON THE WEB

BEST OF TREASURE VALLEYYes, it’s time to vote. Best TV Personality?It’s not an oxymoron — it’s a category. Everyyear our readers choose the best food, fun,personalities and professionals. Get to it.IDAHOSTATESMAN.COM/BOTV

MURDER TRIALPolice say that Anthony W. Conner killed hisfather and then made it appear that he fell offa ladder. Our John Sowell covers the openingarguments. IDAHOSTATESMAN.COM

EUROPE AIR CRASH

PLANE MADE8-MINUTE DIVENEWS, A6

EDUCATION

FINLAND RETHINKSSCHOOL SUBJECTSThe nation already excels atteaching and learning, and nowit wants youngsters to be ableto focus on topics and real lifeapplications, not just on a one-subject class. NEWS, A7

SPRING FOOTBALL

IDAHO VANDALSHOPE TO TAKEA STEP FORWARDSPORTS, A10

BOISE RECREATION

Pools could becomeskate parks NEWS, A5

IdahoStatesmanWEDNESDAY, MARCH 25, 2015 59° / 39° SEE A13

HIGH CLOUDS

$1

LONG-TERM POLICIES TOO COSTLY — FOR INSURERS NEWS, A7

IDAHO STATESMAN: A McClatchy Newspaper, 1200 N. Curtis Road, Boise, ID • P.O.Box40,Boise, ID83707 • (208)377-6200•©2015 IdahoStatesman,Vol. 150, No. 243, 3 sections, 36 pages

A NEWS & SPORTS Catching Up A2-3 | Local news A4 | Legislature A5 | Business A6 | Nation/World A6-7 | Sports section A10-13 | Weather A13 | Markets A2

D DEPTH Editorial D1 | Opinions D2 | Letters to the Editor D2 | Guest opinions D2 | Editorial Cartoon D2 | Legal Ads D5

E EXPLORE Recipes E1 | Carolyn Hax E1 | Comics E2-3 | Horoscopes E3 | Puzzles E3 | TV E2 | Obituaries E4 | Amy Dickinson E4 | Calendar E4 | Classifieds E6

INSIDE TODAY

F EXECUTIVE, LEGISLATIVEAND JUDICIALACCOUNTABILITY

Legislators, the governor, and cabinet-level andjudicial officials are not required to file financialor asset disclosure forms. No “cooling-off peri-od” or “revolving door” policy requires publicofficials to wait a year or two before taking alobbying job. Idaho is one of three states withno financial disclosure requirements for state,judicial, county and city elected officials.

F STATE CIVIL SERVICEMANAGEMENT

The state does not have a way — phone hot-line, email address or local office — for em-ployees to internally report corruption. Seniorstate employees are not required to file finan-cial or asset disclosure forms.

F(Judicial: D-)

PUBLIC ACCESSTO INFORMATION

Noagency investigatespublic recordsviola-tions.Citizensmustenforce thestate’spublicrecords laws. Ifanagencywrongfullydeniesac-cesstoapublic record,acitizen’s lone remedy isa lawsuit,whichisoftenacostlyandintimidat-ingprocess.

C- POLITICAL FINANCING

All contributions of $50 or more must be re-ported. The law places limits on contributionsto candidates, but no limits on contributions topolitical parties. The secretary of state over-sees campaign finance and has the ability toconduct audits and investigations.

C STATE BUDGET PROCESS

The Legislature sets all state agency budgets;citizens have access to budget proceedings.The state does not have a nonpartisan entity toprepare notes on the financial effects of bills.

C+

PROCUREMENT

Idaho does have a competitive bidding processwith conflict-of-interest provisions, but lacksmandatory training for procurement officialsand financial-asset disclosure for procurementand elected officials.

B- INTERNAL AUDITING

The legislative audit division audits the state’sannual financial report and performs manage-ment reviews of each executive branch agencyat least once every three years. The nonparti-san Office of Performance Evaluations reviewsagencies and evaluates government accounta-bility. Audits and reports are available online.

A LOBBYING DISCLOSURE

Lobbyists are required to complete detailedspending reports, but are not required to reportsalaries.

C+

STATE PENSION FUNDMANAGEMENT

The state does not require financial disclosureof board members, management and electedofficials, and it has no “revolving door” policy.This could be a misleading grade: The state re-ceived zeros for not regulating placementagents, but the state does not use the agents.

F STATE INSURANCECOMMISSION

There’s no financial asset disclosure for boardmembers and senior staff, and no “revolvingdoor” policy. Documents filed by insurancecompanies may be exempt form public disclo-sure.

F REDISTRICTING

The redistricting process, conducted by a citi-zen commission appointed by Republican andDemocratic leaders, is open and transparent.

A

Page 2: Idaho's gets a D- in ethics

BY DEBBIE CENZIPER THE WASHINGTON POSTSix years ago, in a tidy home day care on the edge of a corn-

field, with angel figurines in the flower beds and an Americanflag over the driveway, 9-month-old Trevor Ulrich stoppedbreathing. He had contusions on his scalp and bleeding on thesurface of his swollen brain.

Within weeks, day-care owner Gail Dobson was chargedwith killing the baby in a fit of frustration at the business shehad run for 29 years along a rural stretch of Maryland’s EasternShore. The Sunday school teacher and grandmother of threewas convicted of second-degree murder in 2010, eight monthsshy of her 54th birthday, and sentenced to 20 years in prison.

“To me, she is a monster,” Trevor’s mother told a local televi-sion reporter in 2013. “She is a cold-hearted killer.”

But what prosecutors called a clear-cut case of child abuse isnow mired in doubt. Two doctors working on Dobson’s appeallast year argued that the scientific testimony used against herwas fundamentally flawed. A judge overturned the convictionand ordered a new trial, finding that a jury hearing that argu-ment could have had “a reasonable doubt” about her guilt.

Doctors for the prosecution said Trevor had been a victim ofShaken Baby Syndrome, a 40-year-old medical diagnosis longdefined by three internal conditions: swelling of the brain,bleeding on the surface of the brain and bleeding in the back ofthe eyes. The diagnosis gave a generation of doctors a way toaccount for unexplained head injuries in babies andprosecutors a stronger case for criminal intent when police hadno witnesses, no confessions and only circumstantial evidence.

Symptoms often attributed to violentjostling of infants can be caused by

other factors, doctors say

INSIDE Learn what happens to infants when injured by shaking.

COMING TOMORROW Doctors who diagnosed Shaken BabySyndrome now defend the accused.

AT IDAHOSTATESMAN.COM Video: Listen to the stories ofBrandy Sorto, Kelly Kline and Gail Dobson.

See SHAKEN BABY, D4

Doubts arise inShaken Babymurder cases

Idaho not making grade in ethicsBY CYNTHIA SEWELL

[email protected]© 2015 Idaho Statesman

Idaho is one of eight states withoutan agency or independent commissionto oversee state ethics laws. It is one ofthree states with no financial disclo-sure requirements for state, judicial,county and city elected officials, and ithas no “revolving door” policy. Theseshortcomings are part of the reason thestate has received a D- in a nationalsurvey rating government corruptionrisk.

“I think we have honest people instate government, but to uphold thepublic’s trust, I think there is room for

improvement,” especially when itcomes to contracts, personal financedisclosure and conflict of interest, saidformer Secretary of State Ben Ysursa.“The time is ripe … it is begging for im-provement.”

With the news that two major statecontracts are under federal investiga-tion, citizens, public officials and themedia are making suggestions for howto overhaul the state’s contractingprocess and strengthen its ethics andoversight laws.

With the Legislature entering the fi-nal weeks of its 2015 session, just twopieces of significant ethics or oversightlegislation have been introduced —one to create an office of inspectorgeneral, the other a gaming commis-sion. Neither bill got very far.

A resolution introduced March 20would create an interim committee to

review the state’s 40-year-old contract-ing laws and submit recommendationsto the 2016 Legislature. The action isprompted by the Federal Communica-tions Commission’s examination of theIdaho Education Network broadbandcontract and the FBI’s investigation ofthe state’s private prison contract withCorrections Corporation of America.

“This is a complex issue for a citizenLegislature to tackle,” said Senate Pres-ident Pro Tem Brent Hill.

With a near-failing grade, two feder-al investigations, the state spending

PART 1 OF A 2-PART SERIES

ACCOUNTABILITY AND OVERSIGHT

D WEDNESDAY, MARCH 25, 2015LETTERS TO THE EDITOR D2 • LEGAL ADS D5

Inside:OpinionsIRAN NUCLEAR DEAL WORTH DOING D2

GUEST OPINION: LEGISLATORS’ WAR ON WOMEN D2Depth

BONNIE JO MOUNT / The Washington PostGailDobson,sitting inherhomeinTrappe,Md.,grievestheyearsand the timeshelostwithhergranddaughterwhileshewas inprison.

The state gets low scoresfor oversight, accountabilityand enforcement.

DARIN OSWALD / [email protected] EDUCATION NETWORK The contract wasruled illegal by a judge, who said the state didn’t follow its pro-curement laws. The Legislature came up with money to helpschools such as Kuna High keep their broadband service.

See ETHICS, D3

If it is late March in the Idaho Legislature,then there must be a round or two of gunbills getting loaded into the chambers of

the Statehouse, right?Among them are HB 243 and HB 301, both

purporting to recodify existing law “in amanner that provides Idaho residents andlaw enforcement officials with clear guid-ance ” on the provisions for carrying a con-cealed weapon. Both bills would clear theway to conceal and carry on certain proper-ty where they had permission, and outsidecity limits — which amounts to about90 percent of Idaho.

Somewhere along the line HB 243 fell outof favor, and we know why. Within it was aprovision to repeal the privilege of Idaho’selected officials to conceal and carry withouta permit, an advantage they have enjoyed fordecades — but one we regular Joes aren’t al-lowed. We must get our fingers dirty andsubmit to fingerprints, background checksand possible training. But for the people weelect it is automatic. Why? Ask your legisla-tor or one of the other estimated 3,000 elect-ed folks who get special treatment.

We suggest you start with any of the 57members of the Idaho House (not all Repub-licans, by the way) who voted for HB 301 onTuesday. Or try your senator, because thebill is headed there.

Supporters rationalize their special treat-ment by referencing a flap between an Idahosheriff and a senator decades ago. We don’tcare because we have learned that some ofour electeds aren’t so special after all. Theexemption proved cover for former Rep.Mark Patterson, R-Boise, until he resignedin 2014 — after his permit had been revokedby Ada County Sheriff Gary Raney due toPatterson’s failure to disclose a guilty plea.

Rep. Rick Youngblood, R-Nampa, sup-ported HB 514 last year (which died in theSenate) and HB 243 this year, in part so thatthe Patterson scenario might not happenagain. Though Youngblood voted for HB 301on Tuesday because he is an “adamant Sec-ond Amendment supporter” and the billclarifies some cloudy areas of concealedcarry law, he protested before his vote, say-ing he was greatly disappointed that his col-leagues removed the language that contin-ues to allow special treatment for elected of-ficials. During a phone call Monday, Young-blood said: “I do not believe in special privi-leges. ... Why have special privileges overthose who elected me?”

Sen. Bart Davis, R-Idaho Falls, posed aquestion last year about the permit exemp-tion, wondering why a victim of domesticviolence would need to apply for a con-cealed permit but not a legislator? He askedwhy an elected official’s periodic life-threat-ening life experiences were any more threat-ening than such a person’s daily experience.

Youngblood and Davis make some excel-lent points.

“Statesman Editorials” are unsigned opinionsexpressing the consensus of the Statesman’seditorial board. To comment on an editorial orsuggest a topic, email [email protected].

MORE ON IDAHO ETHICSÆ Office of Performance Evaluations is anIdaho accountability bright spot. D3Æ Q&A with Boise Ethics Commissionmember Tony Roark. D3

STATESMAN EDITORIALLEGISLATURE

Takingaim at

more gunmeasures

A BREAKDOWNOF THE CASES

THAT FELL APART

Since 2001, as a growing number of doctors and scien-tists began challenging the diagnosis of Shaken BabySyndrome, more than 200 criminal cases have unraveled.In some cases, charges were dropped or dismissed byprosecutors and judges. In other cases, defendants wereacquitted or their convictions were overturned. Somedefendants spent months or years behind bars beforethey were released.

Of the 213 people whose criminal cases collapsed:

Source: Post database editor Steven Rich, joint study by TheWashington Post

and the Medill Justice Project at Northwestern University

ALBERTO CUADRA /THEWASHINGTON POST

25 were

the mother

of the baby

76were

the father

Aunt(foster

mother)

Grandmother

Godfather

Husband ofchild-care provider

Relative ofchild-careprovider

Step-grandfather

Boyfriendof caregiver

Boyfriendof aunt

29 were

the boyfriend

of the mother

57 were

the baby’s

child-care

provider

5 were

the baby’s

foster

mother

4 were

the baby’s

stepfather

2 were

the baby’s

aunt

2 were

the baby ’s

family

friend

... and8had

a different kind of

relationship with the

baby including:

5 had an

unknown

relationship

with the baby

Page 3: Idaho's gets a D- in ethics

millions of dollars to defend law-suits and little forward movementfrom the Legislature, can Idahoansbe sure that their government isethical, honest and trustworthyand that tax dollars are being effi-ciently used?

“No, they cannot,” said TonyRoark, Boise State College of Artsand Sciences dean and a philoso-phy professor, who serves on thecity of Boise’s Ethics Commission.

“While we all want and hopethat our state officials are good,upstanding people, what we ab-solutely need is a system that artic-ulates clear rules of conduct andthat is capable of detecting andremedying breaches of thoserules,” Roark said.

NEEDED: FRAUD HOTLINE,INSPECTOR

If a state employee wants to re-port possible corruption, fraud orwaste, whom do they contact?That’s a head-scratcher. The statedoesn’t have a hotline or email ad-dress through which employees orcontractors can report possiblecorruption.

Idaho Attorney GeneralLawrence Wasden said employeescan report such activity to agencyleaders, or, if criminal activity issuspected, to the county sheriff orprosecutor, who have primary re-sponsibility for enforcing Idahocriminal laws.

Idaho has a law protecting pub-lic employees, or whistleblowers,who report fraud or abuse, but nogood way to actually do it.

“We do not have a formalprocess or an online reportingmechanism,” said Gov. Butch Ot-ter’s spokesman, Jon Hanian. “Thegovernor recognizes that thereprobably is a need for a more for-mal process and staff is exploringwhat form that should take.”

Rep. John Rusche, D-Lewiston,offered a possible solution: an in-dependent inspector general posi-tion to handle complaints aboutwaste, fraud and abuse or misuseof state resources, noting the prob-lem with expecting someone to re-port allegations to a boss.

“Often the boss is conflicted orinvolved, and at any rate lacks the

skills in investigation,” saidRusche, who introduced the billFeb. 27 in the House State AffairsCommittee.

Wasden offered input onRusche’s proposed legislation, butit didn’t get out of committee.

In addition to a lack of financialdisclosure and revolving doorlaws, Idaho law is silent on nepo-tism and sinecure appointments,leaving the system susceptible.Without stronger laws, said Roark,“an inspector general doesn't havethe tools necessary to do the in-tended job.”

An independent ethics commis-sion would be one way to encour-age and enforce ethical behavior,but not the only means, saidRakesh Mohan, director of thestate’s independent Office of Per-formance Evaluations. “Laws, rulesand training on ethics can also ac-complish that goal as long as thereis an objective and neutral way toresolve ethical conflicts and en-force ethical behavior,” he said.

NEEDED: ETHICS OVERSIGHTForty-two states have an agency

or commission to oversee ethicslaws. Idaho does not. None of Ida-ho’s 44 counties has an ethics com-mission and just one of Idaho’s 200cities — Boise — has such a com-mission.

The Idaho House and Senaterules allow for ethics committeesto be called when a specific mem-ber is accused of wrongdoing, butonly by a fellow lawmaker.Citizens don’t have standing tobring a complaint against a legisla-tor.

A 2012 ethics reform effort tocreate a standing ethicscommittee, financial disclosure re-quirements and a one-year “cool-ing off” period went nowhere. Butsince 2013, all 105 lawmakers arerequired to attend an ethics train-ing session at the start of each ses-sion.

The Idaho Attorney General’sOffice says it is limited in what itcan do when it comes to ensuringemployees and elected officialscomply with state laws, because“primary law enforcement respon-sibilities in Idaho rest with thecounty sheriff and the countyprosecutor,” Wasden said.

Because requiring county sher-iffs and prosecutors to investigate

allegations against their fellowelected county officials creates aconflict, lawmakers passed a lawlast year authorizing the attorneygeneral to investigate corruptioncomplaints against elected countyofficials. Since the law took effectJuly 1, the AG’s office has received58 corruption complaints originat-ing from 21 of Idaho’s 44 counties.Investigators determined 39 of thecomplaints were not viable, andopened preliminary investigationsinto three cases but found no statelaw had been violated. Of the other16 complaints, seven are under re-view and nine are under prelimi-nary investigation.

NEEDED: GAMING OVERSIGHTIdaho voters approved a lottery

in a 1988 constitutional amend-ment; banned gambling with a 1992constitutional amendment; andapproved tribal gaming machinesin a 2002 ballot initiative. In 2013,the Legislature approved instanthorse race wagering. With somegambling legal and some not, cer-tain activities or equipment aresubject to interpretation of statelaw and constitution.

Idaho does not have an inde-pendent gaming commission to

perform such oversight. The statelottery board oversees lottery op-erations and its director monitorsIdaho tribal gaming. The IdahoRacing Commission overseeshorse racing.

This disconnect surfaced latelast year when nearly 250 instantracing machines were installed inGarden City, Idaho Falls and PostFalls. Some lawmakers said theyfelt duped because the slot ma-chine-like devices are not whatthey envisioned in 2013 when theylegalized historical racing.

The dispute over the machines’constitutionality led to a bill to re-peal instant racing. The bill, SB1011, passed the Senate and isscheduled for a vote before the fullHouse on Wednesday.

“If we are going to have gam-bling in Idaho, we need oversightthat is independent and objective,not advocates for gaming.Whether that should be in theform of a gaming commission orsome other agency, it’s time to es-tablish oversight that is committedto enforcing Idaho’s Constitutionand statutes,” Hill said.

“If the state wants to get ahandle on this gambling, thensome oversight is needed — not ahodgepodge of interested partiesresponsible for self-regulatingconduct,” said Wasden. “This is adecision for the Legislature, but astep that should be taken.”

On March 17, Rep. Tom Lo-ertscher, R-Iona, introduced a billto create an independent gamingcommission and eliminate the lot-tery and racing commissions. Thegovernor would appoint the sev-en-member commission. Lottery,horse racing and tribal gamingwould each have one representa-tive on it. But the bill came at thesame time the instant racing repealwas pending before Loertscher’scommittee.

“It is obvious the legislation be-fore us is pretty reactionary,” saidRep. Vito Barbieri, R-Dalton Gar-dens.

The House State Affairs Com-mittee didn’t advance the bill, inpart because it was introduced toolate and because some membershad concerns about funding andstructure. “I do not think this isready for prime time yet,” said.Rep. Lynn Luker, R-Boise.

Cynthia Sewell: 377-6428,Twitter: @CynthiaSewell

Cynthia, anIdaho States-man reportersince 2005, is a former IdahoPress Club reporter of theyear, largely for her watchdogreporting. She’s a graduate ofCapital High School and theUniversity of Oregon.

IDAHO STATESMAN • IDAHOSTATESMAN.COM WEDNESDAY, MARCH 25, 2015 • D3

ETHICSCONTINUED FROM D1

CYNTHIASEWELL

The Associated Press filePRIVATE PRISON CONTRACT The FBI is investigating Corrections Corporation of America, which ran the Idaho State Correctional Institution out-side Boise. The state chose not to do a criminal investigation after learning CCA understaffed the state prison in violation of its contract. A forensic auditfound that CCA left more than 26,000 hours of mandatory guard posts unstaffed or insufficiently covered, and recommended an expanded probe.

Tony Roark hasserved on the BoiseEthics Commissionsince 2005. He’sdean of the College ofArts and Sciencesand a philosophy professor at BoiseState University.

The Statesman asked Roarkabout the Center for Public Integri-ty’s State Integrity Investigationand Idaho’s ethics laws.

Q: What changes do you thinkcould be made to improve Idaho’sgrade?

A: Manyof thefailinggradesstemfromlackof regulationsand re-strictions in lawthatwouldpreventstateofficials fromacting improper-ly.Therearealsoseveral failinggradesrelating tolackofauditingproceduresthatwoulddetect thesekindsof improprieties. Inshort, thereportcardsaysthat thelawsandpracticesof thestateof Idahojustdon’thavewhat it takestoensuregovernmentaccountability.Thefix,clearly, is legislation that introducesthekindof regulationsand restric-tionsthatarecurrentlyabsent.

Q: With such a low score, canIdahoans be sure their govern-ment is ethical, honest and trust-worthy and their tax dollars arebeing efficiently used?

A: No, they can't. The averagecitizen might know one or two stateofficials well enough to be sure thatthey are honest and trustworthy in-dividuals, but the entire system isfar too large and complex for any-one to have that kind of confidenceabout all of the people involved.And that highlights an importantpoint: While we all want and hopethat our state officials are good, up-standing people, what we absolute-ly need is a system that articulatesclear rules of conduct and that iscapable of detecting and remedy-ing breaches of those rules. The in-tegrity report card for Idaho showsthat we don't have that kind of sys-tem at the state level, and that factshould diminish our confidence inthe system accordingly.

Q: Idaho does not have an inde-pendent ethics commission, gam-ing commission or public recordsreview commission. Are any ofthese, or any other independentcommissions, needed? Whichones and why?

A: There are six grades of “F” onIdaho’s integrity report card, whichis troubling enough, but the “F” forthe category Ethics EnforcementAgencies is unique. In that catego-ry, each of the 24 questions re-ceived an evaluation of 0%. Youjust can’t do any worse than that,and the citizens of Idaho should bealarmed that the state governmentis content to do its business with0 percent ethical oversight. I haveno doubt that a gaming commis-sion or public records review com-mission would add value to publicdiscourse and deliberation. But thelack of an independent ethics com-mission is an especially glaring fail-ure of state leadership to hold thesystem accountable to the peoplewho fund that system, the citizens.

Q: Boise is the only Idaho citywith an independent ethics com-mission. Do you think the com-mission has been effective? Howwould other cities and countiesbenefit from an independentethics commission?

A: The Boise City Ethics Com-mission has most definitely been avaluable and effective resource foremployees and residents of the city.Confidence in city government wasreeling after the Brent Coles affair,and the commission’s work in theearly years was done in the shadowof that breach of public trust. After11 years of providing guidance tocity employees and accountabilityto Boiseans, the commission hasbecome a familiar go-to for ques-tions about potential conflicts of in-terest and the like. The city’s com-mitment to sustaining the commis-sion sends a clear message thatethics matter and officials are heldaccountable. Other cities and coun-ties might find great value in estab-lishing that kind of culture in theirorganization, but it does require acommitment.

Q&A TONY ROARK

Idaho gets demerits for its lack of oversight, but the state gets a goldstar for its Office of Performance Evaluations, a nonpartisan, independentoffice designated to review state agency activities and evaluate govern-ment accountability.

The agency receives direction and topic assignments from the biparti-san Joint Legislative Oversight Committee, the Legislature’s only commit-tee with equal numbers of Democrats and Republicans.

Led by director Rakesh Mohan, the office operates on a $700,000budget; its eight-person office has produced nearly 140 reports since itscreation in 1994. All reports are available online.

“Our credibility comes from not only doing the good work, but alsofrom being nonpartisan and independent,” Mohan said. “Both auditingand evaluation professions place a great deal of value on the concepts ofnonpartisan and independence.

“This is important because policymakers, the public and the press needto have confidence in the information we provide — they want to be ableto trust the information from a neutral party.”

Mohan’s agency has performed a number of audits that put spotlightson issues Idaho needed to address —everything from teachers to educa-tion technology to highways.

“As we know, so much information in the public policy world is drivenby special interest groups,” Mohan said. “And in this information agewhere the public is constantly bombarded with all sorts of information, itis difficult for the average public to sift facts from fiction.”

READ A Q&A WITH MOHAN AT IDAHOSTATESMAN.COM

AN ACCOUNTABILITY BRIGHT SPOT

KATHERINE JONES / Idaho Statesman fileHISTORICAL HORSE RACING These machines at Les Bois’ Turf Club, and two other Idaho locations, prompt-ed a backlash in the Idaho Legislature, which is now considering a bill to repeal so-called instant racing.

8READ A Q&A WITHRAKESH MOHAN

ABOUT IDAHO OVERSIGHTIdahoStatesman.comFind out more about the StateIntegrity Project and see IdahoOffice of Performance Evaluationsreports.