The Idaho Attorney General's Office has declined to pursue criminal charges alleging conflict of interest against two Camas County officials.
The state reviewed allegations that Camas County Commissioner Ken Backstrom had used his public position for personal gain and stolen pubic property, and that Planning and Zoning Commissioner Ed Smith had used his public position for personal gain.
The attorney general's conclusion was stated in a March 25 letter from Deputy Attorney General Stephen Bywater to Gooding County Prosecuor Calvin Campbell, who had asked the attorney general's office to evaluate the allegations. Bywater cited insufficient evidence to prove the criminal charges.
"I am writing to inform you of our decision to take no further action on this case," Bywater wrote.
Kriss Bivens Cloyd, spokeswoman for the attorney general, said the decision not to pursue criminal charges against the men should not be confused with a separate civil case against the county.
Fifth District Judge Robert Elgee will preside over the case May 20. In that case, Camas County developer George Martin has sued the county over the legality of a 20,000-acre rezone.
Elgee issued preliminary injunctions against the county late last year and last winter. The reasoning behind one of those injunctions was an alleged conflict of interest inherent to the proceedings because of Backstrom's and Smith's involvement in the rezone process.
Martin's attorney, Ketchum-based Christopher Simms, said in fact that the attorney general's decision not to prosecute has "absolutely no bearing" on the current judgement that there was a conflict of interest or the final outcome of the civil case.
"The attorney general's letter opinion is in no way a finding that either of these gentelmen are not guilty of a civil conflict of interest," Simms said.
