In Dillon, it is common for one governmental agency to sue another. There have been many suits involving various parts of the Dillon Government and most of them appear to be nothing more than “appendage measuring contests”. In fact, at many City Council meetings, Mayor “Recall” Malesich has been heard to say (with a large smirk on his face), “If you don’t like {insert rediculous action here}, sue me”.
Nothing illistrates this mentality as readily as the current action between The City of Dillon and Beaverhead County over the seating of the County’s representative to the Dillon Planning Board.
History -
This situation goes back a ways - to the idea that the City of Dillon and the Beaverhead County Government should work together on planning growth in the 1 - 3 mile “doughnut” around Dillon. This idea is actually a pretty good one, given the way that area is growing and the general animosity of many of the people that live in that area against the City of Dillon and how they operate.
A task force was setup with members of the Dillon Planning Board, County Planning Officials and members of the community - both in the City Limits and those living in the “doughnut”. It came as no surprise that there findings included a general concern over the way the City of Dillon handles annexation, and the general distrust of those people in the contested area being under the rule of the Dillon City Government.
It was decided that, using a new law, the Dillon City Government would explore the possibility of joining with the County and making a “Joint Planning Committee” to help address those issues. It was doomed from the start.
Depending on who you talk to, there were a number of reasons for it’s failure. Mike Riley and Lynn Westad (members of the Dillon City Planning Board), claim that the County violated meeting notice rules and they also claim that Larry Volkening, a representative of the County, lied to the Beaverhead County Commissioners when reporting to them. The County claims that the City of Dillon showed no interest in actually working together with the County - instead it appears that the City of Dillon wanted control over the contested area. Whatever the situation, the City decided to pull out of the Joint Planning Committee. The County continued with the work without the City of Dillon’s representation.
Bill Volkening’s appointment -
The City of Dillon Planning Board was set up to include one member appointed by the County to represent thier interests. In the five years I have been in Dillon, that has always been a rocky relationship. One county representative quit, citing a lack of cooperation from the City and the City’s mayor. Enter, Larry Volkening.
When the Beaverhead County Commissioners chose Larry Volkening to be thier voice on the Dillon Planning Board, he was immediately blocked by Mike Riley and Lynn Westad. Mayor Malesich - citing state law - brought Larry’s appointment to the Dillon City Council and both Lynn Westad and Mike Riley spoke at length about why Larry shouldn’t be seated. Dillon City Council President, Tom Straugh, during his remarks, made it quite clear that “I plan to vote against it.”
The rational was that, there is a section in our charter that gives the Dillon City Council the ability to deny any appointment made by the Dillon City Mayor. Since Volkening’s appointment came through the Mayor (even though it was a County Appointment), the Dillon City Council had the right to deny it. Mayor Malesich made the comment that such a denial was “not appropriate” in this case. The City council voted not to seat Volkening at that meeting 6 - 0.
When this was reported to the County Commissioners, they once again stated they wanted Larry Volkening as thier representative. Once again, Mayor Malesich presented that appointment to the Dillon City Council and once again, the Dillon City Council denied the appointment.
Writ of Mandamus -
The saga once again enters familiar territory when dealing with Dillon City Politics - Beaverhead County filed a Writ of Mandamus suit against the City of Dillon, claiming that the City had no right to deny thier choice for County Representation. The city responded and about a week ago, this issue was seen by District Court Judge Tucker.
Tucker’s decision was that the County’s claim doesn’t meet the “extraordinary” requirements of Mandamus, but that it could fall under “a declaratory judgement”. A conference was set up for Aug 13th (today) to discuss scheduling for this hearing.
Summary -
At the heart of this matter is who has the bigger appendage. This is a pushing contest that best belongs on a third grade playground, not in a district court. Let me give you an analogy to consider.
Let’s say I was being sued. I hire a lawyer to represent me and go into court to face the matter. Instead of arguing the suit, the person suing me says that I am not allowed to use the lawyer I hired because he is not acceptable to them.
This arguement is no different. Regardless of how much Lynn Westad and Mike Riley dislike Larry Volkening, they don’t have the right to say he can’t represent the County. The County has the right to chose thier own representative. Further, I have to agree with an editorial in the Dillon Tribune - that it shows piss poor leadership skills on the part of Tom Straugh to push for the City Council to deny Larry’s appointment.
Worse, this has cost the taxpayers of Dillon no small amount of money that would have been better spent elsewhere. I would love to see just how many hours Wilber Gilbert has been paid (and will be paid in the coming month) to deal with this situation. He is actually the only one “winning” in this suit. Where was his objections to the actions of the City County in denying the appointment (or his legal advice on the legality of doing so)? For months, the County hasn’t been represented in the Dillon Planning Board decision/recommendations, for months the citizens of Dillon have been subjected to this appendage waving contest and the taxpayers are paying the bill. The County citizens in the “doughnut” have even more reason now to believe that being under the City is NOT in thier best interests and forget cooperation between county officials anytime the City needs something from them.
Isn’t it about time we get rid of these jackasses who constantly cost us money with no return on the investment?
Moorcat