Ethics in Idaho (EI) wants the Public Employee Accountability Act (PEAA) passed successfully by voters, and plans to contract with a guaranteed service provider to obtain enough signatures to put this on the Idaho ballot.  The signature campaign and promotional monies are expected to be about $150,000.00.   100% dedicated contributions to this program can be sent to:           Sterling Savings Bank
                                   PEAA Savings Account
                                   900 N. 2nd Street
                                   McCall, ID  83638

If you have $1, $2 or $5; send it.  Ask a friend to do the same.  This account balance will be updated online as it grows.  A minimum 30% of Ethics in Idaho’s net proceeds save for this initiative as well (see PHILOSPHY OF ACTION).   

Public Employee Accountability Act:

INTENT AND PURPOSE – This law shall be designated the Public Employee Accountability Act.  It is recognized that there exists a problem with abuse of the judicial common law claim of absolute immunity from civil liability incurred while acting in a judicial or quasi judicial capacity.  This law is intended to ensure fairness and equality in governmental judicial and quasi judicial proceedings and actions while at the same time ensuring that public employees are not unduly liable for their actions.  This law adds a new section to Idaho Statute 6-904.

SECTION I. Definitions

a.     MALFEASANCE – Malfeasance shall be defined as any wrongful act which the actor has no legal right to do, or any wrongful conduct which affects, interrupts, or interferes with the performance of official duty, or an act for which there is no authority or warrant of law or which a person ought not to do at all, or the unjust performance of some act, which party performing it has no right, or has a legal and fiduciary duty not to do.

b.    PERSON – A person shall be defined as all public and private corporations or joint associations, as well as individuals.

c.     PUBLIC EMPLOYEE – A public employee shall mean in addition to its ordinary meaning, any government officer, employee, or servant of a governmental entity, including elected or appointed officials, and including all members of the judicial branch of government, as well as prosecutors, and person acting on behalf of the government in any official capacity, temporarily or permanently in the service of the government, whether with or without compensation, and includes independent contractors who direct or control public policy or law enforcement and make decisions that will effect the rights of any person.  A public employee shall not include witnesses, jurors, the governor or state legislators.  In addition this section shall be strictly interpreted as to its meaning.

SECTION II.  Prohibitions

No public employee engaged in a quasi judicial proceeding, or members of the judicial branch of government including judges, magistrates, commissioners and their staffs whether elected or appointed, shall have absolute immunity from civil liability, and may be held personally liable, if the public employee or public official commits a crime, or malfeasance of office against any person while involved in any judicial, quasi judicial, civil or criminal proceeding.  In determining intent or culpability of any actor, willful and wanton and not malice shall be the legal standard that is applicable.  Ordinary error or negligence can be taken into consideration when deciding culpability but standing alone ordinary error or negligence must be appealed and no personal cause of action will lie against the public employee engaged in quasi judicial or judicial proceeding when committing an ordinary error or negligence. 

SECTION III.  Severability

If any conflict between other laws shall exist, this act shall prevail over the conflicting law and if any phrase, sentence, paragraph or section of this act shall be declared unconstitutional, such decision shall have no affect on the remaining parts of this act.  This law will take effect as soon as practicable if approved by the voters.   # # #