Workman must take leave if she's charged
That statute originated as an amendment to state code in 1999 when Rep. Craig W. Buttars, R-Lewiston, sponsored HB184 addressing the circumstances of an elected official facing felony charges or incapacitation. He said it was developed by the league of counties and he sponsored it.
"It was a while back, but it seems like it had to do with a different county that was having trouble," Buttars said.
Attorneys at the state's agency of legislative research and legal counsel say the provision is one of internal affairs that it is meant to save face for everyone involved.
John Fellows, deputy general counsel, said when fraudulent behavior is charged, the person involved is to step away from office in order to allow "public funds to remain protected."
The second- and third-degree felonies facing Workman directly relate to her job as mayor and the allocating of public money.
"When it is so closely aligned with what she does on a day-to-day basis, it's appropriate to be taken away from it," said legislative general counsel attorney Gay Taylor. "If it were something completely separate, it can then be argued if it would be justifiable to take leave."
"It is quite complex from a legal standpoint," he said. "Her ability to serve and the feelings of the public would have to be considered."
There are cases when it is justifiable to ask a person to refrain from performing regular duties and in those situations, policy turns to state law. Taylor said police officers often are put on automatic administrative leave after a shooting, because it is policy.
The county council will be obligated to place Workman on administrative leave in the instance official charges are made by the county attorney. Paul Murphy, state Attorney General's Office spokesman, said Workman would have to follow precedence in this case.
"If it fits the state law, our obligation is to support the law, whether it is a good law or not," Murphy said.
E-mail: wleonard@desnews.com
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