WALLACE — A civil lawsuit was filed Monday against the Shoshone County Board of County Commissioners by a Silver Valley resident, alleging violations of Idaho’s open meeting laws.
The suit, filed by attorney Anthony Garcia on behalf of Matt Beehner, claims the commissioners improperly approved a resolution allowing the Shoshone County Sheriff’s Office to pursue a two-year, $2 million override levy on the November ballot.
Beehner’s complaint centers on an Aug. 14 meeting listed on the commissioners’ agenda as a workshop under the subject line “health of the county.” During the meeting, Shoshone County Clerk Lori Osterberg presented financial figures outlining the county’s fiscal challenges. Commissioner David Dose then introduced the idea of an override levy for the sheriff’s office.
Commission Chairman Jeff Zimmerman opened the meeting to questions. Dose responded by offering suggestions and elaborated on the levy proposal. He stated that discussions with an attorney specializing in levies had occurred prior to the meeting, noting that Sheriff Holly Lindsey had consulted legal counsel on the matter.
Zimmerman clarified that no decision could be made during the workshop but permitted Dose and Lindsey to gather information and return to the board during a scheduled meeting. The next meeting for the SCSO’s finances was a budget workshop Aug. 25.
The lawsuit accuses Dose of using a “catchall” topic to initiate deliberation on the levy, allegedly to avoid listing a controversial issue on the public agenda. Idaho Code 74-204 prohibits vague agenda terms and requires agencies to make a “good faith effort” to list all topics to be discussed, especially those involving votes, which must be marked as “action items.”
The suit also alleges that Dose engaged in deliberations with Lindsey that violated open meeting law, largely due to Dose’s knowledge of the potential levy after he suggested it.
Beehner’s suit includes a chain of emails between Lindsey and attorney Danielle Quade of Hawley Troxell Attorneys and Counselors. In the emails dated before the Aug. 14 meeting, Lindsey states that she was recommended to reach out to Quade by Shoshone County Prosecuting Attorney Ben Allen, to discuss their options for a potential levy. Quade’s response was a standard reply explaining that she could help them, her costs and expressing urgency due to upcoming ballot deadlines.
Beehner alleges this communication also violated Idaho Code 31-2014, which states that county officials may hire legal counsel only with prior approval from the board of commissioners.
Lindsey didn’t retain the services of Quade’s firm until Aug. 15, after permission was given to pursue the matter. However, the commissioners never voted on the matter.
On Aug. 28 at 11 a.m., the county held a public meeting where the resolution to pursue the levy was discussed and approved. Just over an hour before the meeting, Beehner, a Republican precinct committeeman in Shoshone County, filed a complaint with Allen attempting to prevent the meeting from happening.
Allen briefly moved the meeting into executive session but resumed it moments later. The commissioners then approved the resolution. Allen forwarded Beehner’s complaint to Bonner County Prosecutor Louis Marshall, who supported Allen’s decision to proceed.
“In general, it is important for county elected officials to communicate with the elected prosecutor prior to seeking outside counsel,” Marshall wrote. “However, it is solid law in my opinion that the only one who can challenge the BOCC (Board of County Commissioners) or other elected officials when they hire or consult with an outside lawyer is the prosecutor. Anyone else does not have the requisite standing.”
Marshall added that many Idaho counties, including Shoshone, use the Idaho Counties Risk Management Program, which provides legal advice to elected officials “almost daily” without consulting prosecutors.
“I agree with your interpretation that there was not a violation of Idaho law in this matter,” Marshall wrote. “Further, my opinion is you alone have standing to challenge a Shoshone County elected official receiving advice from outside counsel.”
Beehner, through Idaho Code 74-208, seeks to nullify any actions taken following the alleged violations, including negating the approval of the proposed levy.
The lawsuit names the Shoshone County Board of County Commissioners, though none of the attached email evidence shows direct involvement by Dose, Zimmerman or Commissioner Melissa Cowles. Only Lindsey and Undersheriff Lance Stutzke were shown to have communicated with attorneys.
Shoshone County Magistrate Judge Keisha Oxendine voluntarily recused herself from the case. Judge Mayli Walsh will preside over future proceedings.
Both Beehner and representatives from Shoshone County declined to comment.