Point #20
True’s advice or failure to properly advise the BOCC preceded the removal of the nine-member P&Z Commission, resulting in months of disruption and additional costs to taxpayers.
Summary: The Prosecuting Attorney conducted a review of the Washington County Code (WCC), documented in an April 7, 2025 memorandum, without record of a request or direction from the Board of County Commissioners (BOCC). Available records do not indicate that this review included consultation with the Planning and Zoning (P&Z) Administrator or the P&Z Commission, despite WCC 1-7-4 assigning responsibility for these ordinances to the P&Z Commission.
Following this review, the Prosecuting Attorney became actively involved in P&Z administrative matters, including providing direction related to processes such as executive sessions. Under Idaho Code 31-2604, the role of the Prosecuting Attorney is to provide legal advice when requested. Available information does not clearly reflect formal requests from the BOCC or the P&Z Commission for such involvement.
The Holland & Hart review, controlled by the Prosecuting Attorney, resulted in costs of $10,352.50. Available records do not reflect formal BOCC direction or approval of this expenditure or a defined scope of work.
During this period, a series of actions and decisions related to P&Z processes raised concerns regarding adherence to County Code and Idaho law. These actions include the May 12, 2025 BOCC motion implementing interpretations of County Code without documented compliance with statutory procedures, as well as subsequent issues involving public hearings, permit decisions, and jurisdictional determinations.
The removal of the P&Z Commission on July 10, 2025, and the delay in reestablishing the Commission until March 2026, resulted in an extended period without a functioning P&Z body. Available information suggests that the BOCC may not have been fully advised regarding appointment timelines or procedural limitations during this time.
Additional concerns have been raised regarding legal guidance related to residency requirements for P&Z Commissioners, as well as the BOCC’s authority to perform P&Z functions in the absence of an active Commission.
Examples of decisions made during this period, including matters later determined to fall under City jurisdiction, have contributed to questions regarding process, authority, and coordination.
Collectively, these circumstances have resulted in concerns regarding consistency, compliance with applicable law, and the effective use of County resources, including staff time and public funds. These events have led to ongoing concerns about the clarity of legal guidance, the handling of planning and zoning responsibilities, and the resulting cost and disruption. Questions have been raised regarding whether sufficient legal guidance was provided to support informed decision-making by the BOCC throughout this process.
For further details, use the following links to the attachments:
- May 5, 2025 True Memo
- Holland and Hart Invoices
- P&Z Meeting Minutes February 18, 2025
- P&Z Meeting Minutes March 18, 2025
- P&Z Meeting Minutes April 15, 2025
- BOCC Meeting Minutes May 12, 2025
- BOCC Meeting Minutes July 10, 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