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Idaho Senate Ethics Panel To Look At Allegations Against One Of Their Own

Idaho Statehouse
Samantha Wright
/
Boise State Public Radio
Idaho Statehouse

BOISE, Id – The President Pro Tem of the Idaho Senate has convened an ethics panel to investigate allegations against Sen. Monty Pearce (R-New Plymouth).  Democrats in the legislature accuse Pearce of not revealing a conflict of interest on past votes on oil and gas legislation.  Pearce disclosed this week he has long-held rights to oil and gas leases on his property in Payette County.  The Democrats sent a list of votes Pearce has made this year in which he did not reveal a conflict of interest.

Here is a timeline of those votes:

Jan 25, 2012    Oil and gas rules review commenced in Senate Resources and Environment Committee.

Feb. 1, 2012    Docket 20-0315-1102, “Rules Governing the Issuance of Geothermal Leases,” passed by unanimous vote.

Feb. 6, 2012    Docket 20-0702-1102, “Department of Lands Rules Governing Oil and Gas Conservation in the State of Idaho,” passed by unanimous vote.

Feb. 13, 2012  Senator Pearce voted to reject RS 21226 (intended to add the terms “public health, safety and welfare” to the mission of the Oil and Gas Conservation Commission) and RS 21085C1 (regarding restrictions on the use of human cancer-causing chemicals during hydraulic fracturing).

Feb. 16, 2012  H379, H460, H462, H463 and H526 – all relating to the oil and gas industry – were introduced and discussed in committee.

Feb. 20, 2012  H464 was introduced and discussed in committee.

Feb. 29, 2012  Debate on H464 commenced in committee.

Mar. 1, 2012    Senator Pearce voted to send H464 to the floor with a “do pass” recommendation after many hours of testimony and debate.

Mar. 1, 2012    Senator Pearce voted to send H379, H460, H462, H463 and H526 to the floor with “do pass” recommendations.

Mar. 5, 2012    H464 was read for the first time on the Senate floor.

Mar. 6, 2012    H464 was read for the second time on the Senate floor.

Mar. 8, 2012    H379, H460, H462, H463 and H526 all pass the Senate with Sen. Pearce voting aye on each and acting as the floor sponsor on H0379 and H462.

Mar. 8, 2012    H379, H460, H462, H463 and H526 all pass the Senate with Sen. Pearce voting aye on each and acting as the floor sponsor on H379 and H462.

Mar. 9, 2012    Senator Pearce voted against sending H464 to the 14th order for possible amendments (tie vote broken by Lt. Gov. and motion prevailed).

Mar. 12, 2012  Senator Pearce moved to send H464 back to the 13th order and voted in favor of his motion which prevailed and ended any opportunity for amending H464.

Mar. 14, 2012  Senator Pearce revealed, for the first time, a conflict of interest on H464 followed shortly thereafter by his aye vote.

Sen. Michelle Stennett (D-Ketchum), who was one of the three Senators to sign the complaint, said the issue is pretty straight forward.  “Where it really is pretty direct, is where we try to have people - remind people - to do what the rules require of them.”

Today, Senate President Brent Hill formed a committee to investigate the allegations.  It includes three Republican and three Democratic senators.  They will look into the complaint, determine if a hearing is needed and, if necessary, recommend action be taken against Pearce.

You can read part of Hill’s announcement below.

"I have formed a committee on ethics to investigate the allegations. I have appointed Republican Senators Dean Mortimer, Bert Brackett and Jim Hammond and, with the concurrence of Minority Leader Malepeai, I have appointed Democratic Senators Elliot Werk, Diane Bilyeu and Dan Schmidt to serve on the ethics committee. The committee will be chaired by Senator Mortimer.
"The committee will make a preliminary investigation of the complaint. If, after the investigation, the committee determines no violation has occurred, the complaint will be dismissed. If the committee determines probable cause exists that a violation may have occurred, Senator Pearce may request a hearing before the committee. Based on the investigation and hearings, the committee may recommend dismissal of the charges, reprimand, censure, or expulsion.
"The complaint also requests that Senator Pearce be removed as the chair of the Senate Resources and Environment Committee, and that he recuse himself from voting on any matters pertaining to the oil and gas industry. Any decision regarding his chairmanship will not be made based on mere allegations. Pursuant to Senate Rules, Senator Pearce cannot be excused from voting without a two-thirds majority vote from the Senate.
"It is the desire of the Idaho State Senate to deal with these allegations immediately, thoroughly and openly. I trust that the committee members will conduct the investigation and possible hearings in a just and fair manner."

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