Point #17
True incorrectly advised the County Commissioners regarding residency requirements for Planning and Zoning Commissioners.
Summary: On July 10, 2025, the Board of County Commissioners (BOCC), with input from the Prosecuting Attorney (PA), discussed a proposed amendment to Washington County Code (WCC) 1-7-2 related to residency requirements. During that discussion, the PA stated that the existing County requirement of five years was not in compliance with Idaho Code 67-6504, which requires a minimum of two years of residency.
However, Idaho law establishes a minimum standard, and local jurisdictions may adopt more restrictive requirements. The existing WCC requirement of five years exceeds the two-year minimum and therefore is consistent with state law.
Despite this, statements were made during the July 10 meeting indicating that the WCC needed to be revised to reduce the residency requirement from five years to two years in order to comply with state law. Similar statements were repeated by officials in subsequent meetings, including October 14, 2025.
Available information indicates that concerns regarding this interpretation were raised by members of the public in the August 21, 2025 public hearing. Despite this, the position that the County was out of compliance continued.
These circumstances have raised concerns regarding the accuracy of legal guidance provided to the BOCC and the potential impact on County decision-making. Under Idaho Code 31-2604, the role of the Prosecuting Attorney is to provide legal advice when requested. Questions have been raised as to whether the guidance provided was fully consistent with applicable law.
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