Commissioners discuss trespass policy for county administration campus; sheriff clarifies jurisdiction

Kootenai County commissioners discussed a draft trespass policy for the county administration campus during their March 19 special meeting, focusing on who may issue trespass notices, the scope of those notices, and which agency enforces them.

Commissioner Leslie Duncan introduced the draft policy and asked for feedback. Sheriff Steve Matheson explained that “anybody with lawful authority in the county can trespass someone if their behavior is inappropriate,” and characterized a lawfully authorized person as including elected officials and deputies. Matheson said a typical period used by county staff is one year: “Tell them not to come back for a year.” He added that if a person refuses to leave, “they can be arrested.”

The sheriff and commissioners clarified jurisdictional lines after an incident earlier in the week in which a deputy who was in the building attempted to intervene but the city police ultimately responded. Matheson said that, while city police have primary responsibility for incidents originating inside the City of Coeur d’Alene and its buildings, a county deputy “who is in the area or in the building” may take police action. He recommended coordination with city command staff and said the county reaffirmed that the city would handle incidents originating from the administration campus when a deputy is no longer assigned there full time.

Commissioners asked how a trespass would affect taxpayers who need to access county services. Matheson and others said the application could be department-dependent and location-dependent; a trespass issued by a commissioner for conduct in a common area could exclude a person from the whole building, while a trespass issued by an elected official for behavior inside a department could be limited to that department.

The board asked the prosecutor’s office to coordinate with the city attorney to confirm interpretations and enforcement procedures for trespass in common areas, and Chair directed staff to seek clarity from the City of Coeur d’Alene. Commissioner Bruce Matari (speaking in opposition to an unnamed practice) emphasized the need for a clear, consistent policy because encounters with people experiencing mental illness are “now almost predictable” during tax collection periods.

The discussion produced direction to obtain a legal interpretation from the county prosecutor and the city attorney before finalizing an ordinance, and to ensure the policy addresses department-level exceptions so taxpayers can still conduct essential business where appropriate.

Ending

Commissioners agreed to have the prosecutor’s office consult with the city attorney and to return with clarified legal guidance before placing an ordinance on a future agenda.