City officials mum on Hall inquest
County prosecutor expects to issue decision next week
By GREGORY FOLEY
Express Staff Writer
A bitter battle between Ketchum City Council President Randy Hall and the administration of Mayor Ed Simon continued to heat up this week.
Simon and City Attorney Ben Worst both declined to elaborate on exactly how it came to be that Worst this month asked Blaine County Prosecutor Jim Thomas to appoint a special prosecutor to charge Hall with a series of criminal violations.
In a Sept. 3 letter to Thomas, Worst alleged that Hall has committed ?multiple criminal and civil conflict-of-interest violations? of the state?s ?Doctrine of Incompatibility of Office and Usurpation of Office.?
When asked publicly by the Idaho Mountain Express Monday, Sept. 20, to explain exactly how the city decided to advance the assertion that Hall has violated the law by holding a City Council seat and a paid, on-call position with the Ketchum Fire Department, Simon immediately deferred to Worst.
The city attorney promptly issued a response of ?No comment.?
?Why not?? Hall demanded.
Worst again declined to comment, eventually stating that he did not want to ?jeopardize? an investigation into the matter.
Frustrated, Hall then pressed for a response.
?I?m certainly looking for some answers,? he said. ?The (city) is trying to prosecute me for a criminal charge, and I think the public has the right to know.?
Eventually, Hall turned to his fellow council members.
?How much further is the council willing to let this go?? he asked.
Councilman Baird Gourlay said he did not think it was appropriate to discuss the matter before the crowd gathered in City Hall, stating that it could be discussed at the end of the scheduled council meeting in an executive session.
As quickly as it began, the discussion was ended.
On Tuesday, Simon said he could not comment on whether the issue was discussed further in executive session. Nonetheless, Simon?who has been engaged in a poignant rivalry with Hall?reiterated earlier statements that he did not order Worst to initiate the inquiry.
?I?ve had nothing to do with the direction that has been taken,? the mayor said.
Simon said he is standing by comments made earlier this month in which he stated that the city attorney independently sought an opinion from the state Attorney General?s office on ?the issue of conflict of interest.?
The Worst inquiry was reportedly issued after Hall applied this summer for a full-time firefighter-paramedic job with the Fire Department. Hall eventually was offered the job but declined to accept it.
Meanwhile, Thomas issued his first public response on the matter, stating Tuesday that he intends to review the city?s request and then issue a formal decision, likely by next week.
?We?ve asked for some additional information,? Thomas said. ?We?re still in our investigative stage.?
Thomas said he is seeking additional information from the Idaho Attorney General?s office, Hall?s attorney Ned Williamson and former Ketchum City Attorney Margaret Simms. It has been reported that Hall once sought from Simms an opinion on his employment situation.
Thomas said he is also seeking a copy of a legal opinion issued by Sun Valley City Attorney Rand Peebles regarding Sun Valley City Councilman Blair Boand, who serves as a volunteer on the Sun Valley Fire Department.
After he reviews the information, Thomas said, he will determine if he will appoint a special prosecutor ?to see if they will file charges? against Hall, or instead will decline to advance the case.
?If criminal charges are warranted, I would likely appoint a special prosecutor,? Thomas said.
Thomas noted that the situation is not entirely unusual.
?This is part of the problem of smaller, rural areas,? he said. ?You do have people wearing multiple hats.?
Thomas said any prosecutor who files charges against Hall for knowingly holding incompatible offices would have to prove ?criminal intent.? If a charge is filed under the obscure ?Doctrine of Incompatibility? law, it would be classified as a misdemeanor offense, Thomas said.
Williamson, Hall?s attorney, said he plans to issue this week a letter to Thomas explaining why Hall has not violated any Idaho laws by serving in his two city posts.
Williamson questioned the motives of Worst?s request for a special prosecutor, noting that it is extremely rare for city attorneys to act independently in matters of such significance.
?I find the request to be highly unusual and misguided," he said.
Williamson said he is ?confident? that formal charges will not be brought against Hall.
