By Phil Davidson
Idaho Falls Post Register (Idaho)
Copyright 2006 The Post Register
All Rights Reserved
Despite an opinion from the Idaho attorney general’s office that he pick one or the other — city employee or county fire commissioner — Ken Anderson said he plans to continue performing both duties.
The reason, Anderson said, is that he hasn’t violated any laws since being elected to Bonneville County Fire Protection District No. 1 in February.
In a June 14 letter, Deputy Attorney General Mitchell Toryanski recommended that Anderson resign from either his commissioner’s post or his job as a fire inspector with the Idaho Falls Fire Department.
If Anderson declined, Toryanski said, he would need to make sure he followed Idaho’s law banning public servants from having any interest in contracts they execute.
Anderson, a 31-year firefighting veteran, said he has already selected alternates to fill in for him should any conflicts arise.
His counterparts on the three-member fire district commission would still like to see him step down, however.
The problem, Commissioner Matt Morgan said, is that the commission is charged with approving contracts with the Idaho Falls Fire Department. (About 85 percent of the $1.3 million the fire district pays annually to the fire department is used to pay salaries and benefits for the fire department’s employees, including Anderson.)
Morgan is worried Anderson would vote to increase salaries.
It’s a serious conflict, Morgan said, and the attorney general’s legal opinion gives credence to his argument.
“I just hope that he would be sensible and (resign as commissioner),” said Morgan, a local developer. “He’ll either resign on his own, or I’ll ask him to resign.”
Anderson said Morgan’s argument is flawed.
The fire district is locked into a 10-year contract with the city’s fire department that runs until 2013.
In addition, Anderson said, the contract is for fire suppression services; as a fire prevention officer, he’s paid from a separate pool of money.
The only way there would be a conflict, he said, is if the commissioners decide to amend the contract with the city to have Idaho Falls provide inspection services and code enforcement for buildings and developments outside the city limits, within the sprawling 380-square-mile district.
Anderson, who would conduct at least some of those inspections, said the reason he’s on the commission is because he wants to see stepped-up inspections and code enforcement. But he added he would not partake in any vote related to such action.
Anderson said he’s already named two successors, one of whom the other commissioners would have to appoint one of the two if Anderson were to step aside for at least 90 days.