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Prosecutor advises tightening county letter to newspaper after settlement in city–county dispute
Summary
Prosecuting Attorney True Pearce advised commissioners to edit a letter intended for a local newspaper to ensure factual accuracy about a city–county lawsuit; deputy prosecutor summarized that settlement yielded a special use permit without admission of liability and the county incurred no cost.
Prosecuting Attorney True Pearce and Deputy Prosecuting Attorney Sean Jorgenson discussed a draft letter the county planned to submit to a newspaper to clarify reporting about a lawsuit between the county and the city. Pearce recommended factual edits to avoid wording that could be misleading — for example, changing claims that the county ‘‘appeared before the city on four separate occasions’’ to language that reflects whether county representatives actually attended each hearing.
Commissioner Gordon Wilkerson said the draft letter had been produced from city minutes and believed the paper’s factual questions could be addressed by minor clarifications. Pearce suggested amending phrasing so it notes that the matter was ‘‘taken up’’ by the city on four occasions and that the county ‘‘made three appearances,’’ if that is what the minutes support.
Pearce emphasized the litigation outcome: the parties negotiated a settlement and the city issued a special use permit with conditions; the settlement contains no admission of liability by the city, and Pearce stated that the lawsuit cost the county nothing. Sean Jorgenson added a technical explanation of the litigation posture: the county’s initial motion to dismiss was denied because arguments had strayed into factual territory (courts may not decide facts on a motion to dismiss), the judge indicated facts appeared to favor the county, and the parties then entered settlement negotiations that resulted in the special use permit and dismissal of the lawsuit.
Pearce also cautioned commissioners about voting on or using county resources for political letters: if a letter is political or partisan in nature, it is not appropriate to treat it as official county business or place it on county letterhead. Commissioners agreed to have Pearce and Wilkerson clean up the draft and asked that any circulation among commissioners avoid private email exchanges that could create open‑meeting concerns; commissioners said staff would make draft copies available through the clerk.
The board did not finalize the letter during the Feb. 17 meeting and asked staff and counsel to prepare corrected language for future action.
