An attorney for the Billings Heights Water District sent a letter to the Yellowstone County Commissioners stating that they did not have the authority to replace their appointee to the water district board.
The attorney, Susan B. Swimley, Bozeman, said that Montana law directs that the water district board may name the replacement for the county’s appointee who resigned, and she asked that the commissioners inform Pam Ellis whom they appointed as the replacement that she was erroneously appointed and is no longer on the board.
Swimley’s letter states, the board of directors “has a qualified appointee already selected to fill the position and the District’s appointee will be filling Mr. Millers’ position for the remainder of the term.”
County Commissioners have turned the matter over to their legal counsel, Jeana Lervick, chief in-house council with the County Attorneys department. Lervick is researching the issue and said that she finds Swimley’s conclusion questionable. She expects to have a response to the letter for commissioners, next week.
The water district board includes five “qualified elected positions” and one position appointed by the City of Billings and another appointed by Yellowstone County. The county appointed Jim Miller who resigned from the board June 15, 2020. The county commissioners then named Pam Ellis as his replacement in September.
Swimley cited Montana Codes Annotated (MCA) 7-13-2262 in concluding that Miller’s replacement should be named by the board.
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