Point #16
True has selectively relied on the Holland and Hart code analysis to support preferred interpretations of County Code.
Summary: Washington County Code (WCC) has undergone multiple reviews in recent years, including detailed analyses by Givens & Pursley in 2020 and 2021, a review by the Prosecuting Attorney’s office documented in the April 7, 2025 memorandum, a subsequent Holland & Hart review, and thorough reviews from the Planning and Zoning (P&Z) Administrator, P&Z Commission, and members of the public.
The Holland & Hart review, referenced in a May 5, 2025 memorandum, was described as an independent third-party assessment. However, available records indicate that the scope, funding, and communications related to this review were managed by the Prosecuting Attorney. Billing records reflect approximately 20 total hours, including 14.7 hours of substantive review time, with the remaining time attributed to meetings, draft revisions, and finalization of the report. In contrast, the May 5 True Memo indicates the Prosecutor’s office devoted “hundreds of hours” to their review.
Concerns have been raised regarding whether this process meets typical standards for an independent review, which generally involve clearly defined scopes of work, formal engagement agreements, and separation from direct influence by interested parties. Available documentation does not clearly reflect a formal contract, defined work scope, or recorded BOCC approval for the associated expenditure of $10,352.50.
Given these factors, questions have been raised regarding the extent to which the Holland & Hart review can be considered fully independent or relied upon as a sole validation of the April 7, 2025 memorandum.
Additionally, prior and parallel reviews conducted by other legal professionals, County officials, and stakeholders have, in some cases, reached differing conclusions regarding interpretation of County Code. While portions of the April 7 memorandum may have merit, other conclusions and omissions have been identified as potentially inconsistent with established County Code, applicable law, or past practice.
These circumstances have contributed to broader concerns regarding consistency, transparency, and the basis for decision-making related to County Code interpretation, implementation, and compliance.
For further details, use the following links to the attachments: