Point #10
Concerns have been raised that legal interpretations advanced by True have resulted in inconsistent application of building permit standards.
Summary: On May 12, 2025, Joe Kulp appeared before the Board of County Commissioners (BOCC) to again request a building permit for his property, noting that his prior requests had been denied. During that meeting, it was observed that another applicant, Tad Mundell, had been granted a permit under circumstances that appeared inconsistent with standard requirements, including the absence of an original parcel split.
Documentation, including the April 17, 2025 Womack-Steele letter, describes direction from the Prosecuting Attorney to issue a permit to Mr. Mundell without completing typical review processes, including evaluation of building plan compliance with applicable safety and building code standards prior to issuance.
These circumstances have raised concerns regarding inconsistent interpretation and application of County Code. Such inconsistencies appear to relate, in part, to the April 7, 2025 memorandum issued by the Prosecuting Attorney. While that memorandum identified areas where updates to the Washington County Code (WCC) may have been warranted, there is no record that these changes were formally recommended to the BOCC or processed through the required public procedures.
During the May 12, 2025 meeting, a motion was made and approved directing Planning and Zoning staff to follow the Prosecuting Attorney’s memorandum and prior negotiated settlements. Available information indicates that this action may have resulted in the implementation of code interpretations or practices without adherence to statutory requirements for public hearings under Idaho Code 67-6509 and related provisions.
Additional documentation, including the Downey letter and records from the P&Z Administrator, describe actions and decisions by the Prosecuting Attorney and Commissioners that contributed to inconsistent application of building and permitting requirements.
Available records do not clearly reflect formal BOCC direction authorizing certain actions attributed to the Prosecuting Attorney. Under Idaho Code 31-2604, the Prosecuting Attorney’s role is to provide legal advice when requested. Concerns have been raised that certain actions described above may extend beyond that advisory role into administrative or decision-making functions assigned to the BOCC or other County officials.
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