Point #14
True has advised or supported actions by the BOCC that appear inconsistent with Idaho Code sections 67-6504 and 67-6509 without formal amendment of the County Code.
Summary:
The April 7, 2025 memorandum and the Holland & Hart analysis identified areas where updates to the Washington County Code (WCC) may have been warranted. However, available records do not clearly reflect that these recommendations were formally presented to the Board of County Commissioners (BOCC) for action through the required statutory processes.
During the May 12, 2025 BOCC meeting, a motion was approved directing implementation of interpretations aligned with the Prosecuting Attorney’s memorandum. Available information indicates that this action may have resulted in changes to how County Code was applied without following required public hearing procedures under Idaho Code 67-6509 and related statutes.
In subsequent meetings, including July 10 and October 14, 2025, statements were made indicating that portions of the WCC were out of compliance with Idaho Code 67-6504. Questions have been raised regarding the accuracy of these statements and whether the BOCC received complete and clear legal guidance on these matters.
Following the removal of the Planning and Zoning (P&Z) Commission, there was an extended period during which no active Commission was in place. Available information suggests that the BOCC may not have been fully advised regarding limitations on appointments or the procedural requirements necessary to continue P&Z functions during that time. This resulted in a disruption of standard processes, as the WCC requires matters to be reviewed by the P&Z Commission prior to BOCC consideration.
Additionally, the BOCC considered and acted on a Special Use Permit matter (commonly referred to as the “Pumpkin Patch”) on multiple occasions. Questions have been raised regarding whether this matter fell within County jurisdiction and whether proper procedures were followed, particularly in the absence of P&Z Commission review.
These circumstances have contributed to concerns regarding adherence to County Code, compliance with Idaho law, and the clarity of legal guidance provided to the BOCC. Under Idaho Code 31-2604, the Prosecuting Attorney provides legal advice when requested. Concerns have been raised that certain actions and omissions may have affected the BOCC’s ability to make fully informed decisions within established legal and procedural frameworks.
For further details, use the following links to the attachments:
- May 5, 2025 True Memo
- BOCC Meeting Minutes May 12, 2025
- BOCC Meeting Minutes July 10, 2025
- BOCC Public Hearing Minutes August 21
- BOCC Meeting Minutes September 2, 2025
- BOCC Meeting Minutes September 8, 2025
- BOCC Meeting Minutes October 14, 2025
- BOCC Meeting Minutes October 27, 2024
- Idaho Code 67-6504
- Idaho Code 67-6509
- Idaho Codes 31-801 and 31-802