Montana

Daily Montanan, Montana Federation of Public Employees, sue Board of Public Ed

Published

2 years ago

April 14, 2022

The Every day Montanan and Montana Federation of Public Workers are asking the Lewis and Clark County District Court docket to void a call by the Board of Public Training, arguing it was made with out correct public discover or the chance for public participation.

In a lawsuit submitted Friday, the plaintiffs allege the Board of Public Training violated the Montana Structure’s assure of the proper of participation and proper to know at its March 10 assembly when it added an motion merchandise to the agenda on the spot, with out satisfactory discover.

On the assembly, Lt. Gov. Kristen Juras known as on the Board to make clear that an advisory council, the Certification Requirements and Practices Advisory Council, doesn’t have authority to undertake an educator code of ethics and to direct the Council to current its suggestions to the Board as an alternative.

“The code of ethics was not talked about in any of the objects on the Board’s publicly observed March 10, 2022, motion agenda,” the lawsuit mentioned.

The Board of Public Training oversees colleges and is made up of seven members appointed by the governor and confirmed by the Senate. The Certification Requirements and Practices Advisory Council research and makes suggestions to the Board on objects together with the Skilled Educators of Montana Code of Ethics.

In an e mail Tuesday, Board of Public Training Govt Director McCall Flynn declined to touch upon the lawsuit: “I’ve spoken with each the Board Chair, Tammy Lacey, and our authorized counsel, Katherine Orr. The Board of Public Training has not acquired the formal grievance and won’t present remark.”

On the assembly, Board Chair Lacey famous precedent is to not take motion on an merchandise the primary time it involves the Board, and she or he “warned that such motion would ‘maybe take away the general public from the dialogue,’” the lawsuit mentioned. It mentioned authorized counsel additionally suggested in opposition to taking motion given lack of public discover.

In February, the Council had unanimously voted to replace the Code of Ethics. The identical day, the Governor’s Workplace launched an announcement opposing the addition of the phrase “fairness” within the replace as a part of an “excessive political agenda,” and he known as for “equality” as an alternative.

On the March assembly, the Code of Ethics replace had appeared on the agenda as one of many “info objects” within the chair’s report. The Republican governor is an ex-officio member of the Board, and Lt. Gov. Juras attended the assembly in particular person and urged the Board to take motion.

“The Board handed the Motion by a 4-3 vote, hanging the Council’s revision to the Code of Ethics with out public discover of the Modification or an inexpensive alternative for the general public or petitioners to look at or take part in deliberations of a state company on a matter of great curiosity to the general public, and opposite to the recommendation of the Board’s authorized counsel and its Chair,” the lawsuit mentioned.

The lawsuit notes the state Structure’s ensures to the proper to take part and proper to know are enacted into statute through Sunshine Legal guidelines, “that are to be ‘liberally construed’ by the judiciary.” It mentioned the Board is topic to these legal guidelines so it “should enable … conferences to be open to the general public.”

“The Montana Supreme Court docket has decided {that a} assembly isn’t ‘open,’ as required by 2-3-203, if the general public physique has failed to offer satisfactory discover of the assembly,” the lawsuit mentioned. “The court docket holds, ‘[i]t is tough to check an open assembly held with out public discover that also accomplishes the legislative goal of the Montana ‘open assembly’ statutes.

“With out public discover, an open assembly is open in idea solely, not in observe. This kind of clandestine assembly violates the spirit and letter of the Montana Open Assembly Regulation.”

As aid, the plaintiffs request a choose declare the Board violated the Montana Structure; void Board motion; and difficulty a preliminary injunction barring additional motion with out satisfactory public discover and affordable alternative for public participation “through the pendency of this motion.”

The plaintiffs additionally request all attorneys’ prices and costs.

The Every day Montanan is an affiliate of States Newsroom, which has a mission to supply journalism targeted on state authorities. The Montana Federation of Public Workers is the state’s largest union, with members who attend and remark at Board of Public Training conferences.

The petitioners are represented by the La Seur Regulation Agency of Billings, Montana.

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Montana

New Montana law requires government boards to record public meetings

Published

14 mins ago

July 3, 2024

Press Room

New Montana law requires government boards to record public meetings

A new law went into effect on July 1, requiring government boards to record public meetings by video or audio.

The goal is to encourage public participation and provide greater transparency.

House Bill 890 drew some opposition at the state legislature last year, but it looks like boards around Montana have found reasonably priced equipment and are ready to post those meetings online.

Some boards such as the Yellowstone County Commission have already been posting recordings of regular meetings and discussions.

“It’s a right for everybody to be able to see what happened,” said Commissioner Don Jones, R- Yellowstone County. “And you know what we were talking about and our thought process.”

Jones supports the idea of HB 890 which states in its title that it provides for increased transparency and accountability.

“Our constitution has made it very clear that the Sunshine Laws need to be there to let the public have that opportunity, see what we’re doing,” Jones said.

The Montana Association of Counties (MACO) wanted the requirement to be optional.

“We want to follow the law,” said Commissioner Ross Butcher, Fergus County. “We want to do it appropriately. But when it’s ambiguous, that’s difficult.

Butcher is the MACO president and says it’s not clear what constitutes a meeting.

As chair in Fergus County, he says commissioners have figured out what meetings to record.

“I do think it’s easy enough to just look at it and say, listen, any meeting that you’re going to agenda-dize and follow the steps of an open meeting, then you probably should record it,” Butcher said.

The law applies to the Board of Investments, the public employees retirement board, teachers retirement board, the board of Regents, county commissions, city councils, school boards and county boards of health.

“Concern about the level of distrust and the lack of civility in our public discourse, first off,” said Rep. Brad Barker, R-Carbon County. “Second thing is it supports Montana’s constitutional right to know. And the third is we have the technological means.”

The Canyon Creek school board and the County Water Board of Billings Heights board are among those ready to record meetings.

“I don’t think any of us have a problem with transparency,” Butcher said. “I think it’s a good thing.”

“It should be beneficial if people want to get engaged and I encourage everybody to get engaged in their local government,” Jones said.

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Montana

Montana tribes seek to join court case over EPA water rights rule

Published

8 hours ago

July 2, 2024

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The Confederated Salish and Kootenai Tribes joined six other tribes in defense of a new federal rule protecting their water rights in court.

The rule requires states to consider tribes’ fishing, hunting and gathering rights while crafting water regulations.

Twelve states sued the U.S. Environmental Protection Agency over the rule, which was finalized earlier this year.

Montana is not part of the lawsuit. Those states argue the federal government oversteps its power under the Clean Water Act and would severely limit their ability to craft water standards.

Seven tribes have filed a motion to intervene in the case. They say the rule is key to protecting “reserved rights,” which gives tribes the ability to hunt, fish and gather on lands they ceded to the federal government through treaties.

The tribes say the rule is within the EPA’s authority as it ensures treaties are adhered to.

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Montana

Crews on Montana Creek Fire #312 continue to cut fire line and mop up in thick spruce timber

Published

15 hours ago

July 2, 2024

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Home › Active Wildland Fire › Crews on Montana Creek Fire #312 continue to cut fire line and mop up in thick spruce timber

By 2024montanacreek on July 2, 2024

Fire crews provide initial attack overnight to protect a structure.

TALKEETNA, Alaska-The Montana Creek Fire (#312) is located 16 miles south of Talkeetna and was reported on June 29th. Overnight, crews responded to a new grass fire near the origin. The fire remains 40% contained, with moderate fire activity primarily creeping and smoldering in timber. The fire is located in a critical Protection Area prompting multi-agency resource response. Ninety-six personnel are assigned to the incident including resources from BIA, BLM, State and USFS. Three crews, one fire use module, 1 engine, 2 water tenders, 3 Division Supervisors and one EMT.

Aerial View of the retardant line on the eastern edge of the Montana Creek Fire. Photo: DOF PIO Remote Pilot Kale Casey

Aerial View of the 172 Acre Montana Creek Fire on July 1. Photo: DOF PIO Remote Pilot Kale Casey

Fire crews continue to secure the perimeter and mop up will begin where conditions allow. Investigators determined this to be a human caused fire. With the upcoming 4th of July holiday, the public is reminded that discharging fireworks in Forested lands is illegal.

Due to the fire activity seen within the fire area residents along the Leroy Davie Road and Montana Creek Road corridors were moved to a SET (Alert Status). However, an evacuation order has not been issued at this time. There has been confirmation that one outbuilding has been lost to the fire.

The Parks Highway remains open. The public traveling on the Parks Highway may continue to be impacted by smoke and a large contingency of ground resources assisting in fire suppression efforts between mile markers 94-100. The public is encouraged to stay attentive and slow down near the fire area as crews continue suppression efforts throughout the day.

In addition to ground travel, there has been a temporary flight restriction put in place to provide clear air space to aviation assets assisting on the fire. For more information on the TFR, please visit: https://tfr.faa.gov/save_pages/detail_4_5688.html