Point #8
True has provided legal guidance or direction that some believe exceeds the advisory role of the Prosecuting Attorney and encroaches on authority reserved to the County Commissioners.
Summary:
Documentation, including the Downey letter, describes concerns regarding actions and inactions of the Prosecuting Attorney and the Board of County Commissioners (BOCC). These include instances where the Prosecuting Attorney reportedly provided direction to County employees, made decisions related to permits, and signed permit documents—actions that are typically reserved for the BOCC or designated County officials under County Code.
An April 17, 2025 letter from Womack-Steele outlines a specific instance in which the Prosecuting Attorney provided direction to the Planning and Zoning (P&Z) Administrator that appeared to conflict with County Code and was not requested or directed by the BOCC.
Additionally, a January 2025 letter from the County payroll clerk documents an interaction regarding the County’s mandatory drug testing policy. According to that account, the Prosecuting Attorney indicated that employees within his office would not be required to participate in the program, regardless of County policy.
These reported actions, combined with a lack of clear written direction from the BOCC, have raised concerns about adherence to established County policies, roles, and lines of authority. Concerns have also been expressed regarding the impact on staff, workplace consistency, and overall operational efficiency.
Under Idaho Code 31-2604, the duties of the Prosecuting Attorney include providing legal advice when requested. Available law and County Code do not appear to grant authority to independently direct County employees, make administrative decisions, or perform functions assigned to the BOCC or other County officials.
For further details, use the following links to the attachments: