State AG clears Zenner: Nez Perce County commissioner’s action on road work questioned [The Lewiston Morning Tribune, Idaho]

July 23--No crime was committed when a Nez Perce County commissioner had road department crews build an access onto a private road.

That's the decision of the

Idaho Attorney General's Office, which was asked to investigate whether Commission Chairman Douglas Zenner acted appropriately by authorizing the road-building onto property off Waha Road that owner Bob Konen had offered for a rural fire station intended to be built with donations for the Nez Perce County Fire Department.

Zenner, who previously said he accepts full responsibility for authorizing construction on the road, said the letter "says what it says."

"They're impartial and they looked at everything," Zenner said when asked about the investigation Thursday. He said at the time that he didn't realize the proposed fire station needed a more extensive approval process.

All three commissioners received the letter in the mail Wednesday, Zenner said.

Nez Perce County Prosecutor Dan Spickler requested an independent review of Zenner's action in March on advice of the county's insurance provider, the Idaho Counties Risk Management Program.

In a letter to Spickler, Deputy Attorney General Chris Topmiller wrote it did not appear that Zenner violated criminal statutes regarding conflict of interest, ethics in government or bidding in public works. And while provisions regarding the misuse of public funds are applicable, Topmiller wrote, "our investigation revealed that the intent of Commissioner Zenner in making the unauthorized appropriation in this instance was clearly for the use and benefit of the public."

"... the proposal was not done with intent to deceive the County or create a private benefit, but was inadvertent or at worst negligent," Topmiller wrote.

In his request to the attorney general's office, Spickler also asked what steps needed to be taken to rectify the situation. Topmiller wrote in his letter that because he evaluated the matter for potential criminal action, he was unable to provide civil guidance on the case.

Spickler said the deputy attorney general's letter puts an end to the investigation.

The case has also effectively halted plans for the donation-funded Waha station for the Nez Perce County Fire Department, and was in part what led to the creation of a fire advisory board to come up with a long-term solution for rural fire fighting in the county.

The fire advisory board highlighted the Waha Road site as a possible location for a fire substation in a meeting with commissioners earlier this month, along with another county road site. That group mentioned the need for structure fire-fighting capabilities through stations in Tammany, Waha, along U.S. Highway 12 near Cottonwood Creek, Leland-Southwick and Gifford-Reubens.

Gary may be contacted at [email protected] or (208) 848-2262.

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