Sheriff sues county - but it's friendly

COEUR d'ALENE — Dueling opinions over whether the Kootenai County Sheriff's facility can legally be de-annexed from Coeur d'Alene has led both parties to seek a higher power.

On Monday, Kootenai County Sheriff Ben Wolfinger filed a civil lawsuit against the Kootenai County Board of Commissioners that asks District Court Judge Cynthia Meyer for a formal ruling on the de-annexation proposal. According to Commissioner Dan Green, the board wants to de-annex the facility prior to the planned expansion of the jail, while Wolfinger said he believes the move would violate a portion of Idaho Code that states a sheriff's office must be in the county seat, Coeur d'Alene.

"We agreed to let the judge decide the interpretation of the law," Wolfinger told The Press on Wednesday. "It is unfortunate that one party has to 'sue' the other party to get it to the court for interpretation, but that is the system we have."

"It's a friendly disagreement," Green added. "Ben believes that we have made a mistake."

Idaho Code 31-2009, which applies to counties with population over 7,500, states that county agencies, including the sheriff's department, "must have their offices at the county seat." When county commissioners expressed their intent to pursue de-annexation to save on building permit fees for the future jail expansion and so the development ordinances for the project fall under county code, Wolfinger said he threw a red flag because he wants to follow the law.

Prior to the civil lawsuit being filed, Wolfinger said the county prosecutor's office was consulted about the differing opinions. Even within the prosecutor's office, Wolfinger said, there was a difference of opinion.

Meyer, according to the complaint for relief filed on behalf of Wolfinger, is being asked to decide three issues:

1.) If the sheriff's office must be physically located within the municipal limits of the city of Coeur d'Alene

2.) Whether or not the sheriff's office, if contiguous to the city boundaries but outside of the same, fails to comply with (state statute)

And/Or

3.) If the sheriff's office, in the context of the application, includes the jail and related county facilities, so as to require that the same be located within the municipal limits of the city of Coeur d'Alene.

If Meyer rules in favor of the commissioners, the county facility could be solely on county land for the first time since 1985, as long as the de-annexation request is approved by the Coeur d'Alene City Council. According to Coeur d'Alene Police Chief Lee White, Kootenai County is the only county in Idaho where city police handle incidents — primarily inmate fights and drug smuggling — at a county jail. City police responded to 226 calls at the county jail in 2015.

Both Green and Wolfinger said there won't be any appeals after Meyer issues her ruling.

"We'll all agree with whatever the district judge says," Green said.

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Press reporter Brian Walker contributed to this report.