Discord endures among officials

SANDPOINT — Bonner County commissioners and two other elected officials appear to be on the brink of legal warfare.

Commissioners decided on a 2-1 vote Tuesday spend up to $15,000 to appoint special counsel to represent other elected officials when they come into conflict with the board.

That sum is substantially less than the $100,000 requested by Clerk Marie Scott and Treasurer Cheryl Piehl, who contend they are being denied legal representation because the county’s civil counsel represents the commission.

“We are on the cusp, gentlemen. We are on the cusp,” said Scott, referring to litigation.

Commissioners discussed the matter with Scott and Piehl in open session. Although the officials were careful not to get into the specifics of their dispute, they were not entirely successful during the discussion.

Discord continues to pool around the county’s required external financial audit, a process commissioners have become more involved with than in years past. The trouble began last fall, when Piehl and Scott declined to attend a meeting with the new auditing firm.

Commissioner Mike Nielsen considered obtaining subpoenas to compel their attendance, which could have resulted in their arrest if they failed to comply. The subpoenas were never obtained, but the tension endured.

Scott and Piehl accused Nielsen of creating a toxic work environment and sought to block him from interacting with them or their operations. They also sought the appointment of conflict legal counsel to represent them in their discussions with commissioners.

Nielsen denied creating a hostile work environment and said the other officials’ lack of cooperation was hindering progress on the audit.

In January, Commissioner Lewis Rich supported the request for conflict counsel, but Nielsen and Commission Chairman Cornel Rasor opposed it.

Last week, Piehl warned commissioners she would file Idaho State Bar complaints against the county’s civil counsel over conflict of interest.

Scott and Piehl advanced another resolution Tuesday seeking $50,000 each for legal counsel and sole discretion of when to utilize it.

Rasor and Nielsen bristled.

“It’s a clear attempt to back us into a corner,” said Rasor.

Nielsen called it “extortion,” while Rich saw it as a “necessity” due to the other officials’ deep-seated mistrust and implied Nielsen’s “caustic language” was the source of it.

Rasor and Nielsen agreed to appoint conflict counsel for Piehl and Scott, but added a caveat that the attorney could not be used for advice on how to sue the county. The motion passed with Rich casting the dissenting vote.