Heights Water District Board member Pam Ellis, right, stands up as law enforcement escorts her away from the board table after being voted off the board by board members Wednesday evening June 15, 2022. Board President Ming Cabrera, pictured left sitting in chair, had law enforcement remove Ellis. Ellis was appointed to the Height Water District by County Commissioners as a County Representative. Deputy county attorney says the vote was illegal. Read full story, see differing emails, and actual letter sent to County Commissioners about Ellis on page 4 & 5. (Photo by Evelyn Pyburn)
Three members of the Heights County Water District Board unanimously voted Board Member Pam Ellis off the board with a vote of no-confidence, last Wednesday. Whether they have the authority to do so is a point of contention. Ellis was appointed to the board by Yellowstone County Commissioners and the County does not agree the board has the authority to remove her.
On Tuesday, County Chief In-House Counsel Jeana Lervick sent an opinion to the commissioners that said, “…the Heights Water Board cannot ‘remove’ Ms. Ellis from the Water District. Ms. Ellis is the County’s appointee to the District. Both Montana Code (Title 7, Chapter 13, Sections 22 and 23) and the Water Board’s bylaws state that directors may only be removed subject to recall by the electors of the District. This applies to both elected as well as appointed directors, which would include Ms. Ellis. The reasons that a director may be removed would include neglect, refusal to perform duties, felony conviction, decision of a court declaring the incumbent’s election or appointment void, etc… As such, the Water Board’s action taken is not valid and Ms. Ellis remains on the Board.” read more
