Officials insist on conflict counsel

SANDPOINT — Several elected officials are insisting on being represented by independent legal counsel when disputes arise with members of the Bonner County commission

Clerk Marie Scott, Treasurer Cheryl Piehl and Assessor Jerry Clemons asked commissioners for $24,000 to pay for legal advice in situations where there are perceived conflicts of interest with the board.

Two deputy prosecutors provide civil counsel to elected officials, although the arrangement becomes awkward when their advice is sought during disputes between elected officials.

Scott, Piehl and Clemons floated a resolution Tuesday that would have given them the discretion and the funding to obtain outside legal advice.

Commissioner Lewis Rich moved to approve the funding, but found no second from commissioners Cornel Rasor or Mike Nielsen. The motion perished without any discussion.

After the meeting, Scott said the resolution was a diplomatic effort.

“We tried in a friendly manner to get ourselves representation when there is a conflict in the prosecutor’s office,” she said.

Scott said there are no pending issues where she anticipates the need for alternative legal representation, but expects such situations could arise.

The conflict-of-interest issue surfaced late last year as Nielsen sought to make arrangements with the county’s new external auditing firm. Nielsen asked Scott and Piehl in an email to be part of the discussions because of their knowledge of the county’s finances.

Scott and Piehl took issue with the request and said the tone of the email drew their fiduciary responsibilities into question.

“Commissioner Nielsen’s constant attacks undermine the public’s faith in our ethics and integrity. He has created a hostile work environment and we are no longer willing to accept that as the status quo,” Scott and Piehl said in a Nov. 21 letter to the board.

The clerk and treasurer advised the board that they would participate in the audit workshop only if they had representation from private counsel. Rich, meanwhile, questioned Nielsen’s authority to set up the workshop even though he was appointed by the board to be interface with the auditors.

Nielsen said the tone of his email was misunderstood and was in no way meant question the abilities of Scott or Piehl. He called the hostile work environment allegation a “bogus, false accusation.”

Nielsen suspects he attracted the ire of Scott and Piehl by deciding to take a more active role in financial planning for the county, a position he said previous administrations have shied from.

“I’m not doing anything unreasonable. I asked to have meetings,” said Nielsen.

Piehl said she was disappointed that the resolution didn’t pass.

“Unfortunately, with the current makeup of the board, I think it is necessary to have access to at least a different attorney, rather than put the prosecutor’s office in the middle of a conflict between elected officials,” she said.

Clemons said he has no current conflicts with any of his elected colleagues, but said the potential for conflict exists and thus the need for independent counsel.

“I would hope that the prosecutor could handle a dispute in a fair way, but, if for some reason that was not possible, I would expect to have my own attorney paid for by the county on a county issue,” he said.

Despite the failed resolution, Scott said she intends to have personal legal counsel should the need arise.

“I will present the bill to the board and if the board refuses to pay the bill, I told them I would take them to court,” she said.

Piehl said she would likely retain counsel if need be, but hasn’t decided if she would ask the county to cover the cost.