by Evelyn Pyburn
With only three members present, last Wednesday, the Heights County Water District Board debated whether there were enough board members to establish a quorum and whether they could conduct business.
Since the three board members – President Ming Cabrera, David Graves and Tom Zurbuchen – considered the board to be but a five- member board, they concluded three members constituted a quorum.
Ousted board member, Pam Ellis, speaking from the audience, disagreed. She said that it is their choice to have five members but state law recognizes the board as having seven members, which requires more than three for a quorum. She declared that they could not conduct business with only three board members present – but the board proceeded as they approved the consent agenda, approved new bylaws, a CIP, and affirmed 2022 annexations.
Ellis was appointed by the County Commissioners to the board. Action by the board to remove her is in the process of being litigated, as to whether the board has the authority to remove a board member. The City of Billings has also appointed board members in the past but since their last appointee resigned and given the board’s declaration that neither the city nor the county should be able to appoint members to the board, the city has not appointed a replacement.
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