Declaring conflicts: How far do you go?
POST FALLS — Should government board members declare conflicts of interest even if they've already recused themselves from the decision-making process while representing the applicant?
That question has arisen after a scenario involving Post Falls Planning and Zoning Commission Vice Chairman Ray Kimball unfolded during a public hearing on a special-use permit request last month.
"I was not a participant on the planning commission on that date," said Kimball, a civil engineer. "I presented for the developer, who is a client of mine. There was no conflict of interest. I was not a part of the decision-making body on that day."
However, whether Kimball or a city representative should have still made a declaration on the record that he's a commissioner, even when he was in the capacity of a citizen doing his job, is debatable. Kimball has been publicly scrutinized for not taking that extra step.
"I'm not sure what that added disclosure would have done, but we're always open to improvement," said City Attorney Warren Wilson, adding that he believes most people at the hearing knew that Kimball is a commissioner.
The hearing on a special-use permit request to allow an apartment complex on Poleline Avenue east of Highway 41 was approved, much to the chagrin of some residents in that area.
Wilson said that once board members recuse themselves from the decision-making process, they become regular citizens at large.
"We ask commissioners to disclose any potential conflict and, if they do step down, they will not participate in the decision-making process," he said.
Kimball said he tries to be cognizant about declaring conflicts of interest and often consults with Wilson if transparency lines could be considered blurred in any way.
"There have been times when there have been conflicts of interest and every time I've declared it, stepped down and not participated," he said.
Mayor Ron Jacobson said how or if improvements can be made on declaring conflicts of interest has been a recent conversation in Post Falls. He said the city strives to be open with citizens.
"We always want to do the right thing and not to compromise the public's confidence and trust," Jacobson said.
Wilson said the city has responded directly to the disclosure concern, but it still doesn't appear the resident is satisfied with the response.
Wilson said that contrary to what some people believe, case law states that planning commissioners and city council members are not allowed to perform a drive-by inspection of sites in question on land-use matters.
"Land-use hearings are interesting creatures," he said. "They're quasi-judicial, so they're more like going to court than dealing with it (as a legislative matter)."