Following something of an impasse at a court hearing on October 23, District Court Judge Colette B. Davies said she would allow the County’s appointee to the County Water District Board, Pam Ellis, to file a counter suit against the Water District Board; the Judge has issued a schedule to allow Ellis to do so. Yellowstone County, also a plaintiff in the case, has joined Ellis’ counter suit.
Pointing to the passage of recent legislation, HB-35, that changes state law regarding district boards and representation on a board, the Water District Board’s attorney, Susan Swimley, filed a request to the court to dismiss their case because the legislation renders the issue moot.
Given that the District filed to dismiss, the merits of the original lawsuit filed by the District could not be determined unless Ellis filed a counter-suit, explained the Judge.
The Water District filed suit against the county commissioners and Ellis, after the board voted to remove Ellis from the board; she was advised by an attorney that her removal was illegal, and she should sit at the board table and participate in board meetings. Ming Cabrera, President of the Board at the time, notified the County of the Board’s action to removing Ellis via email on June 21, 2022. He said that since the board appointed Ellis, they had the authority to remove her. Yellowstone County Assistant District Attorney Jeanna Lervick advised the District that the only way to remove an appointed or elected board member is recall by qualified electors (MCA 7-13-2261).
Ellis was appointed to the board by county commissioners in August 2020; the District Board appointed Ellis in June 2021 to a term that ends December 31, 2024. While the board has asserted that it has the authority to vote to remove Ellis, the County Commissioners and Ellis contend that they do not, that state law allows only for a recall vote of the district’s qualified electors to remove a board member.
Ellis, represented by William Mercer of Holland & Hart LLP, explained that no … Read More here.
