Thurston County commissioners press for clear legal advice as home-energy-score debate returns

Thurston County commissioners told staff on March 17 they need a clear, written legal opinion before deciding whether to move forward with a proposed home-energy-score measure and agreed to seek concise talking points for use during a heavily subscribed public-comment period.

Chair Ty Mener opened the agenda review by asking whether the county had received written legal advice from the prosecuting attorney regarding the home-energy-score item. Commissioners said they had been told an opinion would be provided but had not yet received it, and several said that absence left them uncertain how to answer public questions or how to vote.

The board discussed a procedural proposal to limit in-person public comment to two minutes per speaker if 20 or more people sign up, citing that the county had previously held a public hearing on the issue and that packets showed a high volume of written comment. Commissioners asked staff to monitor sign-ups and implement the two-minute rule if the threshold was met.

Several commissioners said they want to be able to explain publicly what legal guidance can be shared without breaching attorney-client privilege or executive-session confidentiality. One commissioner asked whether staff could obtain “talking points” summarizing what is appropriate to disclose; others cautioned that lawyers may not provide a written evolution of their analysis and that some details would remain privileged. Staff committed to follow up with the prosecuting attorney, identified in the meeting as Scott, and to try to get guidance before the 2 p.m. business meeting.

Commissioners also discussed the risk of litigation if the county adopts novel local rules. A commissioner noted the county may be among the first to consider this type of policy and said legal counsel had warned that a challenge was likely; that risk factored into some members’ readiness to move forward without a definitive legal opinion.

The board did not take a final vote on the home-energy-score policy during the agenda-setting session. Instead, members asked staff to pursue a prompt written statement from the prosecuting attorney or, if a full legal opinion is unavailable, a clear summary of what commissioners can say publicly to answer constituents’ questions at the afternoon business meeting.