Step by step the Heights County Water District Board went through the bylaws of the organization at a special work session last Wednesday. They also discussed finding a replacement for general manager, given the resignation of Peyton Brookshire, as well as getting another attorney to represent the board, having also received the resignation of Susan Swimley, Bozeman.
Proposed changes to the bylaws will be discussed at the regular board meeting on November 15, as well as at least one other public meeting where changes can be made. All board members were present for the work session except for Ming Cabrera.
Part of the discussion about bylaws included the wording in the section dealing with removing members from the board, which is the subject of the lawsuit in which the district is challenging Yellowstone County and Pam Ellis, the county’s appointee to the board, as to whether the board members had authority to remove her. A portion of state law says only a recall election can remove a board member.
It was pointed out that the original wording of the bylaw dealing with the subject seems to have been lifted directly from state law.
Whether the bylaw should refer to a board member’s “removal” or “recall” was debated. It was suggested that the wording should read “removal (recall)”.
Board member Frank Ewalt suggested it should say “recall” because “the only way a board member can be removed is by a recall vote.”
Essmann said the two terms “had to mesh.” He said that the argument would be that removal would mean a recall election.
Board member Tom Zurbuchen disagreed and cautioned, “We are getting dangerous here, into litigation. We are currently in litigation, and we can’t discuss it in an open forum because there is a private person named in the litigation, and we do not have consent to talk about it in open court. We have attorneys who are reading state law…It does not say by recall or anything else. It says ‘removed from office’ in state law. This district is … Read more here.
