Bonner County officials agree to use county prosecutor memo as starting point while exploring MOU to formalize Fair Board relationship

The Bonner County Board of County Commissioners and the Bonner County Fair Board met March 23 to review recent legal opinions clarifying the duties and authorities of each body and to discuss whether those rulings can be made durable going forward.

Chair (speaker 1) opened the meeting by saying the groups had asked for and received “two rounds of legal opinions,” including a three‑page summary from county counsel Robert Abel that would serve as a practical starting point for day‑to‑day operations. Fair Board members expressed a desire to have that three‑page memo “set in stone” so the board could focus on running events rather than repeatedly debating governance. “What the fair board would like to have is something set in stone to say this will continue to be the legal opinion for years to come so that we can focus less on how we're supposed to operate and more on operating,” said a Fair Board member (speaker 3).

Nate Adams of the Bonner County Prosecutor’s Office (speaker 6) said the prosecutor’s office opinion and the Abel memorandum are the principal, sanctioned documents under consideration and added he did not “foresee any reason why that would change in the years to come, unless there were a change in the statute or some case law.” Commissioners cautioned that while the memorandum can guide current practice, a future board can legally adopt a different interpretation, so any MOU must allow modification by successor boards.

Fair Board members cited Kootenai County’s operating agreement as a model that helps educate incoming commissioners and reduce repeated renegotiation. Commissioners and Fair Board members agreed on a practical path: the Fair Board will draft a proposed MOU describing the desired working relationship and present it to the BOCC, with legal review from Robert Abel before formal consideration by the commissioners.

The parties also agreed the Eide Bailey opinion from Sept. 8, 2023, would be archived and made available as a reference. Speaker 2 said that longer opinion provides additional background on governance and financial questions and would be circulated to BOCC staff.

The meeting produced no formal motions or votes. Commissioners asked that any proposed MOU be accompanied by clear descriptions of intended responsibilities so the BOCC’s legal review can proceed efficiently. The meeting ended with a plan for the Fair Board to draft an MOU and for county counsel to review the document before it returns to the BOCC for consideration.