Franklin County commissioners table $120,000-a-year contract for outside prosecutors amid staffing shortage

FRANKLIN COUNTY, Wash. — Franklin County commissioners on Feb. 5 deferred a vote on a proposed contract that would hire outside prosecutors to help handle pretrial dockets and trials, after a commissioner said he needed more time to review the agreement.

The board tabled consideration of a resolution authorizing a contract with Rio Fultz PLLC after discussion about the county's severe staffing shortages in the prosecuting attorney's office and questions about contract terms, including termination and insurance requirements.

Why it matters: The contract was presented as a short-term measure to plug gaps while the county seeks longer-term staffing solutions. County officials said using outside counsel as special deputies would allow the office to handle in-custody and felony matters more reliably while deputies remain vacant.

Jeff Briggs, who introduced the resolution, said the firm would operate as independent contractors serving as special deputies and would assist on the pretrial docket and in trials. "The rate is $10,000 a month, so $120,000 a year," Briggs said. Briggs described the firm as experienced prosecutors who have provided services in neighboring cities and counties and said some services began the morning of Feb. 5 though no payments would be made until a contract is signed.

Commissioner Steven Baumann asked to postpone the decision so he could review the contract. "If we take action today my vote will be no and my preference would be to move it to next week so that I have enough time to properly review for myself," Baumann said. The board agreed to table the item to the next meeting.

County staff clarified contract terms during the discussion. Staff said the contract includes an initial termination notice period and that the parties had negotiated a shorter notice period after a six-month initial period; staff later stated the initial termination notice is 30 days and that after six months a 10-day termination notice applies. The contract also requires commercial general liability insurance with limits of no less than $1 million per occurrence and a $2 million general aggregate, and private professional liability where applicable.

County Administrator Mr. Johnson said the staffing shortage is acute and not unique to Franklin County. "We are probably past the point of time in a crisis mode of staffing for criminal deputies in the prosecutorial side," Johnson said, noting the county faces a high vacancy rate compared with neighboring jurisdictions and that the board will workshop longer-term staffing strategies.

Before the Rio Fultz discussion, the board approved several routine financial items. Motions carried to approve fund expenditures of $1,101,059.18 and $583,067.33, and to approve salary-clearing and emergency management payroll of $1,101,059.18. The board also approved consent agenda items 1–5.

The meeting also recessed into an executive session under Washington law to discuss potential litigation, citing RCW 42.30.110(1); commissioners returned to open session and later adjourned.

What happens next: The Rio Fultz contract will return to a future meeting for formal consideration after additional review by the commissioners. County staff said they will present further workshops on prosecuting attorney staffing and related budget implications.