Panel says senator lied, delays action

BOISE – A Senate ethics panel determined Wednesday that a Republican senator lied under oath about whether his convenience store would benefit from a change in state law.

The committee also said Sen. Jack Noble should have disclosed his possible personal gain from the legislation he tried to pass in February.

However, committee chairman Sen. Brent Hill cautioned after Wednesday’s hearing that the committee could still change its findings of fact and conclusions.

“They have been adopted up to this point. If the committee wants to change its mind, they can always reopen those,” Hill said.

Noble testified before the ethics panel Feb. 22. At the next meeting on Feb. 24, Noble said he “could have misled” the committee in his initial testimony about when he knew he was not eligible to obtain a state liquor contract.

The six-member Ethics Committee was expected to make any disciplinary recommendations before adjourning Wednesday, but instead will meet again on Friday.

The delay is intended to give Noble’s attorney — former Lt. Gov. David Leroy — time to file a written response to the committee’s findings and conclusions.

Leroy continued to maintain that Noble could not have profited from the bill he introduced on Feb. 4 to the State Affairs Committee, and that he should not be held accountable for his failure to disclose a conflict.

“He could not as an elected official have had a real or potential pecuniary (financial) benefit,” Leroy said.

Leroy also said it is critical for members to take into account Noble’s testimony, in which he said he never believed he could profit from changing the law.

Hill said the panel will not take more oral testimony. The committee will review the written testimony today and meet again early Friday morning.

Sen. Kate Kelly, D-Boise, said she was concerned that Leroy might try to introduce new evidence not already in the record from several hours of testimony.

At least two members expressed concern over the delay, but Hill said Noble and Leroy should have time to respond to the committee’s findings and conclusions.

The special ethics panel was charged with determining whether Noble should have declared that he had a conflict of interest when he tried to pass the bill that would have changed the way the state calculates the distance required between schools and liquor stores.

Noble owns a convenience store in the town of Melba. Currently, his store doesn’t qualify for a state contract. His legislation would have changed that. Noble is in the process of selling the store.

Recent newspaper reports also revealed that the senator’s business owes more than $10,000 in sales taxes and that a bank is attempting to foreclose on more than $724,000 in debts stemming from his farming operation.