The Law Was Broken, and Otter Should Apologize

The Statesman reported on the press conference Otter held on the Capital steps on Monday. Both the Statesman and Betsy Russell noted that Otter had some first responders from various agencies standing behind him. You can see a picture on Russel’s blog, Eye on Boise, here.

Both raised the issue of whether it was appropriate for the responders to appear with Otter in what Otter admits was a campaign event. Meridian Fire Chief Anderson admits his folks were on duty, and

We were asked to stick around to do a press release and endorsement of the roundtable meetings, and we do support that.

The roundtable meetings are a campaign promise of Otter's. In other words, Anderson's folks stuck around to lend support to Otter’s idea, and therefore to Otter. State Law, Idaho Code Sec 67-5311, says

LIMITATION OF POLITICAL ACTIVITY. (1) No classified employee of a state department covered by this act shall: (a) Use his official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof;

It does allow a state employee to

“(f) Attend a political convention, rally, fund-raising function, or other political gathering;”

According to the Statesman article

Otter conceded that "you could call" the press conference a campaign event, but he said the first responders had chosen to stand with him and that he hadn't been the one to ask them.

However, note that Fire Chief Anderson said that they were asked. Either one of them is lying, or more likely, Otter is parsing words; I suspect one of Otter's campaign workers did the asking, allowing Otter to say "he" didn't do the asking.

State employees on duty, standing behind Otter, in uniform, supporting one of his campaign promises, allowing thier picture to be taken with him, almost certainly violates IC 67-5311. This was not simply attending a campaign event. This was lending public authority for the purpose of affecting an election. This was a misdemeanor, per IC 67-5312.

The employees were put in a pretty sticky situation by Otter showing up and asking them to stand behind them. Basically, I think he exploited them. I’m not so sure they should be charged, but certainly the leaders that allowed it to happen should be reprimanded. Otter should apologize. Even Republicans in Idaho should obey the law. I think this action showed contempt for the law and for the first responders to be put in such a situation.

A similar prohibition applies on a federal level. If I did that in my Army uniform, I’d be reprimanded, no doubt, and rightly so.