Point #19
True’s advice to the BOCC regarding limitations on public comment content has raised concerns about infringement on citizens’ First Amendment rights.
Summary: Concerns have been raised that legal advice provided to the Board of County Commissioners (BOCC) may have resulted in limitations on public participation during certain meetings and hearings.
According to October 20 and October 27, 2025 BOCC meeting records, a situation occurred in which a citizen was removed from the published agenda shortly at the start of the meeting. The removal followed a motion made and seconded by two Commissioners without the knowledge of the third member. Questions have been raised regarding the timing of this action and whether all Commissioners were fully included in the decision-making process. The topics the citizen intended to address reportedly included concerns related to open meeting practices and public records requests.
Additional concerns were raised during a November 24, 2025 public hearing. Prior to the hearing, guidance was provided by the Prosecutor to limit public testimony to two minutes, despite the published notice indicating a three-minute limit. Further direction limited speakers to stating only whether they were in favor, opposed, or neutral, without allowing expanded comment, although no such ground rules were published.
These adjustments appear to have restricted the scope of public input beyond what was outlined in the hearing notice. The record indicates that several individuals were unable to fully present their comments as a result.
During the same hearing, questions were also raised regarding adherence to established procedures, including participation requirements and the presentation of applicable law. Concerns were expressed that portions of Idaho Code 67-6504 were referenced by the Prosecutor without full context, and that opportunities for clarification or response from the public were not allowed.
More broadly, there have been additional instances in which citizens report difficulty in being placed on meeting agendas or fully presenting their concerns.
These circumstances have contributed to concerns regarding public access, transparency, and the ability of citizens to participate in local government processes. The First Amendment to the United States Constitution protects freedom of speech and the right to petition government. Questions have been raised regarding whether certain actions or guidance by the Prosecutor have affected those principles in practice.
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