By Michael Howell
After refusing to confirm Mayor Paul Ludington’s appointment of Chee Burnsides to serve as Stevensville Municipal Judge at its previous meeting, the Stevensville Town Council chose not to reconsider that decision at its most recent meeting on March 24. According to the Mayor, this places the Town in a very difficult position, without a judge and in violation of state law with at least one criminal case on the docket.
The Council heard from one applicant, local attorney Judith Loring, who complained about the selection process. According to Loring, there were two different application forms in circulation. She also claimed that the candidate selected by the Mayor did not turn in a resume which was part of the application requirement. She said the whole process, including the fact that no other candidates were interviewed, “gives the appearance of a ‘good ole boy’ appointment.”
Councilmember Jim Crews claimed that the recommendation to confirm Burnsides should not have been placed on the agenda a second time. He claimed that Robert’s Rules of Order prohibits a motion from being reconsidered unless the council member making the motion asks for reconsideration of the issue.
“You waited until now to tell me that?” responded Mayor Ludington.
Crews said he had to think about it a lot and said he was concerned about how the selection process was done. Out of 12 applicants, only Burnsides was interviewed. Crews said at least the top three should have been interviewed.
Crews also maintained that the law allows the council to determine whether the judge is elected or appointed, but he could not find any record that the Town had ever passed such an ordinance. He felt that should be clarified before any action was taken on an appointment.
“I can’t find it anywhere that the Mayor gets to appoint a judge,” said Crews.
Town Attorney Brian West said that the law does allow the council to choose whether a judge is elected or appointed, but he said it was permissive and not mandatory. He said the council in the past apparently determined that the only elected officials in the town would be the mayor and the council. He said the judge could have been included as an elected office but was not and the selection has always been made by mayoral appointment. He said the mayor does have the power by law to appoint a judge. He said the council could change that and pass an ordinance making the judge an elected office, but not that evening because it was not on the agenda.
Crews said if the Town had passed an ordinance making the position an appointed position he could agree, but as it is, he said, “It is not clear.”
Mayor Ludington defended his selection of Burnsides, although he admitted that it was probably a mistake not to conduct more interviews. He did say that based on Burnsides’ experience and qualifications, he believed he would make the same decision even if he had interviewed other applicants.
“I thought I would save a lot of time and it didn’t seem fair to the applicants to ask them to take time out from their lives to come for an interview when one candidate, in my opinion, was so clearly the most experienced and qualified candidate,” said Ludington.
“If we don’t select a judge tonight,” said Ludington, “it will force the Police Department to not be able to do their job and will put the Town at issue with the state for not having a judge. Failure to appoint a judge means there is no judicial branch in our local government.”
“We have other judges in the county who can help us,” said Crews.
West said that the town could not force another judge to step in and help. He said it was possible, but only if the judge was willing. According to Ludington, the Hamilton City Judge had already indicated that he was not willing.
The Mayor asked for a motion to confirm his appointment of Burnsides.
The bottom line for Crews, though, was that the Mayor did not have the power to revive the motion to consider confirming the appointment. According to Robert’s Rules of Order, said Crews, only the person making the motion that was acted upon can move for reconsideration and he refused.
A vote was then taken on that issue and Councilmember Stacie Barker supported the idea of reconsidering the appointment but Councilmembers Crews, Bob Michalson and Robin Holcomb defeated the motion.
In other business, the council approved making a grant application for a runway reconstruction project at the Stevensville Airport. The project is projected to cost $2.5 million. If the grant is approved the Federal Aviation Administration would cover 90% of the cost, or about $2.2 million. The Town would have to cover the remaining 10%. The Town has already received help in that regard from Montana State Aeronautics which has approved a grant of $27,000 and a low interest loan of $71,000 to help the Town fund the project.
The council confirmed the Mayor’s appointment of Terri Nickless to the Tax Increment Financing District/Targeted Economic Development District Joint Board.
The council approved a street improvement project on Park Street from 5th Street to 3rd Street which includes installation of some curbs and gutters and crosswalks.
The council tabled the issue of a request for financial aid from the Reduced Rate Utility Billing fund. Patti Johnson asked the council to allow her to receive a 25% reduction under that program even though her income exceeds the guidelines for the program by about $600. Crews noted that the resolution creating the fund did not include a variance process. The issue was tabled until the results of a survey are obtained that is attempting to measure the level of acceptance or rejection of the program among ratepayers.
Currently there are 11 utility customers participating in the program, according to CFO April Van Tassel. Five are receiving a 25% reduction, four are receiving a 50% reduction and two are receiving a 75% reduction based on their incomes. A few letters in opposition to the program were read at the meeting, but so far, out of 34 surveys that have been returned 10 are against the program and 24 support it.
Stevensville Police Chief James Marble told the council that several commercial establishments in town, all of them restaurants, have been burglarized. He said that he was working with the Stevensville Main Street Association to plan a presentation to their membership where he can discuss security options for local businesses that could help prevent such burglaries in the future.
In his executive report, Mayor Ludington noted that he has only been collecting half his salary and will continue to accept only half for the rest of the fiscal year.