Point #15
True has not advised the BOCC to formally move forward with County Code amendments despite awareness of inconsistencies between practice and adopted code.
Summary: The April 7, 2025 memorandum concluded that changes to the Washington County Code (WCC) may be necessary. This conclusion was reinforced in the May 5, 2025 Holland & Hart letter, which stated: “Adoption of these changes would enhance the legal defensibility of the County’s zoning and development regulations and practices moving forward.”
In a May 5, 2025 forwarding memorandum, the Prosecuting Attorney also acknowledged that the Holland & Hart analysis supported the code amendments identified in the April 7 memorandum.
Despite these findings, available records do not clearly reflect that the Board of County Commissioners (BOCC) was formally advised to pursue the necessary code amendments through the required legal and public processes. There is also no clear record that the BOCC was advised that implementing these interpretations without first amending the WCC could place the County at risk of noncompliance with applicable law.
On May 12, 2025, the BOCC approved a motion to implement the interpretations outlined in the April 7 memorandum. Available information indicates that this action may have resulted in the application of changes without adherence to statutory requirements under Idaho Code 67-6504, 67-6509, and 67-6511, as well as existing County Code provisions.
These circumstances have raised concerns regarding whether sufficient legal guidance was provided to ensure that County actions remained consistent with established legal and procedural requirements. 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 that advisory role was fully met in this and other instances.
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