Commissioners approve executive session on litigation after discussion of outside counsel invoices and budgeting

Kootenai County commissioners on Oct. 21 approved entering an executive session to discuss litigation and related matters, after a public discussion about outside counsel billing practices, how invoices are routed and budget transparency for legal expenses.

Why it matters: Commissioners and elected officials raised concerns that outside counsel invoices were often submitted long after work was performed, crossing fiscal years and complicating the county’s accounting and budget oversight. The board voted to go into executive session under Idaho law to discuss litigation matters.

Public discussion before executive session

An assessor’s office representative told commissioners that some invoices for outside legal services had been received after long delays and sometimes crossed fiscal years, which complicates audits and budget accounting. The assessor’s representative and other speakers asked that invoices be submitted on a monthly basis, saying “every other vendor … invoices us every 30 days” and noting examples where work performed in April 2025 was not billed until October.

County staff and counsel discussed options to improve oversight. One attorney suggested that the client has the right to request monthly invoices and to consider other counsel if timely billing cannot be obtained. Another staff member proposed encumbering an authorized budget amount via a purchase order and issuing payment releases against that encumbrance so funds would be reserved across fiscal years; an assessor representative said making a specific litigation budget line public record might be undesirable for strategic reasons.

Budget and process details discussed

Officials stated that the board previously budgeted $35,000 for legal services in fiscal year 2025 under account 8103 and that $20,238 remained in that account. For fiscal year 2026 the board budgeted $25,000. Speakers said some invoices for services tied to assessor matters had been expensed under the assessor’s fund and that invoices had at times been processed months after the work was done.

Motion to enter executive session and outcome

Commissioner [unnamed mover] moved to enter executive session pursuant to Idaho Code 74-206(1)(d) and 74-206(1)(f); another commissioner seconded the motion. The board voted: Commissioner Eberline, aye; Commissioner Duncan, aye; Chair Metari, aye. The board later moved to exit executive session and approved a motion directing staff to proceed as discussed; that motion also passed by recorded voice vote (all aye). No litigation details were disclosed publicly.