Point #13
True has provided direction regarding proposed County Code changes to the Planning and Zoning Administrator without formal action or direction by the County Commissioners.
Summary: In April 2025, the Prosecuting Attorney provided direction on multiple occasions to the Planning and Zoning (P&Z) Administrator and staff regarding the implementation of County Code. Reports indicate that some of this direction conflicted with existing County Code and was not formally requested or authorized by the Board of County Commissioners (BOCC).
The Prosecuting Attorney communicated his interpretation of how certain provisions of County Code should be applied, including direction regarding how certain code provisions should be applied to building permits. These communications included guidance on parcel size and permit eligibility, as well as statements regarding the role of staff in presenting input to the Board of County Commissioners. In one instance, the Prosecuting Attorney raised concerns about whether staff input constituted the unauthorized practice of law. These interactions have been cited as examples of legal advice being delivered in a manner perceived by staff as directive, raising questions about the distinction between advisory and administrative roles.
Formal direction from the BOCC regarding implementing the PA’s April 7, 2025 new code interpretation was not clearly documented in writing and appears to have been provided orally during the May 12, 2025 BOCC meeting.
Additional documentation, including the Downey letter, describes instances in which the Prosecuting Attorney reportedly provided direction to County employees, made decisions related to permits, and signed permit documents. These actions are generally reserved for the BOCC or designated officials under Washington County Code (WCC).
Available records do not clearly reflect formal BOCC requests or authorization for these actions.
Under Idaho Code 31-2604, the duties of the Prosecuting Attorney include providing legal advice when requested. Concerns have been raised that certain actions described above may extend beyond that advisory role and into administrative or decision-making functions assigned to the BOCC or other County officials.
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