Disagreement over who should serve as legal representative for Power County planning and zoning issues has Power County Prosecuting Attorney Randy Kline threatening legal action against the county commissioners.
Kline feels it is his office’s prerogative to perform the functions of giving legal advice for Power County’s planning and zoning issues. The county currently contracts with a private attorney, Doug Balfour of Pocatello, to perform as planning and zoning’s legal representative.
Kline maintains that the prosecuting attorney has the right to perform or relinquish legal duties relating to planning and zoning, and that the commissioners do not have legal footing for contracting with an attorney outside of his office unless he relinquishes that right. He feels it’s his responsibility to protect the integrity of the prosecutor’s office and fulfill those duties, he said.
According to Kline, two attorney generals’ opinions upheld by the Idaho Supreme Court on the matter allow county officials to seek outside legal help on a case-by-case basis, but not to contract with an attorney for ongoing needs as is the current situation in Power County.
He further maintains that the county has the money in the budget to pay his office for the services and hire a part-time deputy prosecuting attorney. Kline wants all budget items set aside for legal services to be routed into his office. The amount budgeted for legal representation in other departments is over $80,000.
“They need to provide adequate funding to allow me to fully do my job,” Kline said in an interview after the meeting with the commissioners.
The county commissioners were reluctant to drop the contract with Balfour. Balfour has served in the position for some time, and commissioners felt he had a good working relationship with the planning and zoning commission.
The previous prosecuting attorney, Paul Laggis, tried to represent planning and zoning with a part-time deputy, the commissioners said, but he was unable to keep up with the work load and attend all the meetings that the position required. It was at that time the commissioners contracted with Balfour. The commissioners felt the same problem would occur with Kline.
Kline disagreed, saying he attended many night meetings as a city attorney for American Falls, and he could have attended an all-day meeting recently attended by Balfour.
Additionally, the amount of money budgeted for a part-time deputy prosecuting attorney did not attract qualified help and the position had high turnover under Laggis, commissioners said.
The commissioners felt the legal issues could be resolved if Kline deputized Balfour. Kline seemed disinclined to do so. He said the he intends to use whatever means necessary, including a court resolution, to resolve the issue.
“It’s never a comfortable situation when elected officials in the county are at odds,” said Vicki Meadows, Power County commissioner.
In addition, Kline did not want his secretary Sandra Bowman, to take on additional duties with a new youth diversion program, which Kline felt would be better served in the probation department. His secretary is too overloaded to now be a “quasi-probation officer.”
Meadows said she would not be a probation officer, but would only track children in the program. All departments, including the justice department, had a ten percent cut. The county is still having trouble making ends meet, commissioners said, and many county employees are taking on more duties.
County commissioner Ken Estep said the contract for Balfour, who is contracted for $100 an hour, is a fair contract. With the contract, Estep said, the county doesn’t have to pay additional benefits, which create a large financial load on the county.
Kline cited additional money from the Payments in Lieu of Taxes (PILT) program in the county coffers as a possibility to fund his office. The commissioners, while recognizing the additional money, did not have faith that the federal program, which pays money for federal lands in the county that would otherwise be taxed, will continue long enough to fund Kline’s office over time.