Point #9
True has provided legal guidance or direction affecting Planning and Zoning functions that some believe encroaches on authority reserved to the BOCC, the P&Z Commission, and P&Z administrators.
Summary: The Prosecuting Attorney conducted a review of the Washington County Code (WCC), documented in an April 7, 2025 memorandum, without a clear 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.
Although the review identified areas where changes to County Code may have been warranted, there is no record that these conclusions were formally presented to the BOCC for action, shared with the P&Z Commission, or processed through the required public procedures outlined in WCC 1-7-4 and Idaho Code 67-6509. There is also no indication that prior recommendations submitted by the P&Z Commission in July 2024 were incorporated into this review.
In April 2025, the Prosecuting Attorney also provided direction to the P&Z Administrator on multiple occasions. Reports indicate that some of this direction may have conflicted with County Code and was not requested or authorized by the BOCC.
Additional documentation, including the Downey letter and the April 17, 2025 Womack-Steele letter, describes instances in which the Prosecuting Attorney reportedly provided direction to County employees, made decisions related to permits, and signed permit documents. These functions are generally reserved for the BOCC or delegated officials under County Code.
Available records do not clearly reflect that these actions were requested or directed by the BOCC.
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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