PASCO, Wash. — The Franklin County commissioners can’t legally allow businesses to open their doors, according to the Washington state governor’s office.

Businesses that are opened in Franklin County could be cited and fined, attorney Kathryn Leathers, the governor’s General Counsel, wrote in a letter to the county on Wednesday.

And she said businesses cannot rely on the Franklin County commissioner’s resolution to defend themselves. The decision does not apply to businesses in Pasco, Kahlotus or Connell.

“The action taken by the board of commissioners intentionally and knowingly violates an order issued by the governor pursuant to his emergency powers … and it therefore violates state law,” said the letter to the commissioners that demands they retract or rescind the resolution.

Franklin County has called a special meeting for Thursday morning to talk about the issue in a closed-door session with the county attorney.

On Wednesday afternoon, Commissioner Brad Peck admitted voting for the resolution was a mistake because it wasn’t properly vetted. He said he will ask the rest of the board to rescind the resolution.

The letter from the state came a day after the three Franklin County commissioners voted unanimously to “end recognition” of Gov. Jay Inslee’s stay-at-home order issued to slow the spread of the new coronavirus that causes COVID-19.

At the time, the commissioners defended the proclamation by saying that Inslee’s emergency powers needed approval from the Legislature to be extended past 30 days.

“As far as I’m concerned the county is open, and I’d encourage people within the law and within the parameters of their own safety — we’re adults, we can make decisions — to behave accordingly. That’s what I’m doing,” Commissioner Brad Peck said at the meeting.

Peck read from the same state law dealing with limiting the governor’s authority to create and extend an executive order.

He said the order can either be extended by the state Legislature through concurrent resolution or, if not in session, by the leadership of the Senate and House of Representatives in writing until it can be extended through a resolution.

He admitted Wednesday that he didn’t know that the Legislature had extended the order.

Commissioner Clint Didier’s handwritten emergency proclamation was met with praise and anger from various sources, but it only took a few hours for the Inslee’s office to push back.

David Postman, Inslee’s chief of staff, told reporters later it could legally jeopardize businesses and risk people’s health.

While local governments can be more restrictive than state law, they can’t be less restrictive, Postman said.

Franklin County Prosecutor Shawn Sant is reviewing the legality of the proclamation.

Leathers criticized the decision, saying it simply creates more confusion, since they can’t protect people from being charged with violating state law.

While local police have been hesitant about enforcing the stay-at-home order, the governor has laid out a three-step process for enforcing the the order, which starts with education, Leathers said.

However, if businesses don’t comply, they could face criminal or civil charges.

Commissioner Peck responded to questions from the Herald through County Administrator Keith Johnson saying that a special meeting is scheduled for Thursday morning to talk about potential legal issues in executive session.

The email from Johnson said the board may take action after talking with its attorney.

The three commissioners make up half of the Benton Franklin Health District’s governing board.

Benton County commissioners have not weighed in on whether they will try to follow suit.

In a statement to the Tri-City Herald, Peck said the resolution was not “properly vetted and passed through consideration of the myriad impacts it might produce.”

“Leading from the front on issues comes with risk,” Peck said. “Leading from the back is not leadership at all. Consequently, leaders — all leaders — make mistakes.”

The lack of review from the county’s attorneys and the speed at which it headed to a vote should have been red flags that gave the commissioners pause. They should have waited before voting on such an important decision.

He also admitted to missing the resolution from the Legislature approving extending the emergency.

However, Peck said he still believes Inslee has gone too far in respect to restrictions on church services. He also expressed concern that Boeing workers are being allowed to return to work while workers in this area can’t.