Late last Wednesday afternoon, a piece of paper was posted on the door of the Heights Water District stating that the regular monthly meeting of the board was cancelled.
The Heights Water District will hold their second meeting with newly elected board members on Wednesday, May 19, 6 pm at the Oasis Waterpark, 543 Aronson Avenue. Their first meeting was held in the parking lot of the Heights Water District offices.
Continued conflict and uncertainty among former and new board members and administrators regarding disagreements about legalities has resulted in the district office’s doors being locked, preventing the new board from meeting there.
Late last Wednesday afternoon, a piece of paper was posted on the door of the Heights Water District stating that the regular monthly meeting of the board was cancelled.
The three newly -elected and newly- certified board members knew nothing about the cancellation and promptly removed the sign and posted on-line that there would indeed be a meeting because there was a quorum of the board.
The evening was warm, soft and balmy, ideal for a meeting in the parking lot, as proved to be necessary. About 30 people were present, standing in a loose circle. Also, present were the three new board members (who had been sworn into office earlier that day by Justice of the Peace David Carter), and county and city board appointees, Pam Ellis and Jeff Engel.
They temporarily designated newly elected board member, Ming Cabrera, to lead the meeting. Other new board members present were Laura Drager and Dennis Cook. Not present was board member Brandon Hurst and the district’s general manager, Duke Nieskens.
“Why?” exclaimed Jennifer Owen, Chairwoman of the Heights Task Force, who was at the meeting, “It is ridiculous we are standing out here…none of what is happening makes sense.”
The first motion made and passed by the board was to direct that all records of the district be posted on the district’s website, especially financial records, as well as all agendas and minutes, and that all future meetings be posted 48 hours in advance. To be “clear and transparent” with Heights Water District members was the primary campaign promise of all three of the candidates who defeated the three board incumbents.
It was also determined that the board will not appoint anyone to fill a vacancy on the board created by the resignation of past board president, Wynn Pippin, until after a court hearing on May 27 regarding a temporary restraining order issued by Judge Michael G. Moses. Issued at the request of the City of Billings and Yellowstone County, the order enjoins the Water District of Billings Heights from preventing the city and county appointees to the board from taking their seats, and from preventing the newly-elected and sworn Water Board members from taking their seats.
The new board members stated that they wanted to appoint a replacement to the board in the correct way – by announcing the vacancy, soliciting applications and selecting a candidate from the applications.
There was discussion and concern expressed about securing the district’s documents and records. Cabrera said that he would direct, the next morning, district general manager, Duke Nieskens, that all records should be retained and to so notify all staff. “All records are public property, and it would be illegal to destroy public property,” he said. Ellis said that so far “every attempt has been made to prevent the public to having access to information.” The decision of the board to charge 52-cents a page for copies of public documents means that every agenda would cost $9, she pointed out.
[Nieskens was on vacation, so a few board members who visited offices on Thursday morning, talked to other staff people, including Peyton Brookshire, about retaining records.]
A motion was also passed to postpone all items on the agenda that had been posted by previous board members. Many of those items will return to the agenda of their second meeting as well as such issues as preparing a budget, issuing an RFP to hire an accounting firm to do an audit, need for a rate study, and updating bylaws.
They will also discuss legal representation for the board. Ellis said that they were denied requests to see documents and emails that engaged the services of Susan Swimley, Bozeman, who has most recently been representing the board. Brookshire told her that the prior board president, Wynn Pippin, chose to be the only member of the board to see emails or correspondence with Swimley, unless Pippin otherwise chose to share them.
Legal counsel who represented the board for years prior to the engagement of Swimley, resigned.
The board will reorganize at another meeting which state law requires be done on the sixth Monday after the election. That meeting will be Monday, June 14, 2021, 6 pm, at the County Water District Board Room. At that meeting the board is also required to provide for the time and place of holding its meetings and the manner in which its special meetings may be called.
