Montana

Law firm asks judge to compel Gianforte, Brereton to produce communications – Daily Montanan

Published

10 months ago

January 20, 2024

Law firm asks judge to compel Gianforte, Brereton to produce communications – Daily Montanan

Attorneys for a Helena law firm have asked for summary judgment in a lawsuit against Montana Gov. Greg Gianforte and Department of Public Health and Human Services Director Charlie Brereton in an effort to compel them to produce records the firm requested but have been denied over claims of executive and attorney-client privilege.

Upper Seven Law asked Lewis and Clark County District Court Judge Christopher Abbott to grant its request in a filing Thursday, which came three months after the firm first sued Gianforte and Brereton in an attempt to obtain the records.

“The governor believes that holding the highest office in the state insulates him from the Montana Constitution’s transparency provision,” said Upper Seven Law Executive Director Rylee Sommers-Flanagan. “But the power of this office is precisely what the framers contemplated when they guaranteed Montanans a right to know. The governor’s policy decisions go to the heart of his service to Montana.”

The law firm in August asked the Governor’s Office and DPHHS for correspondence involving Gianforte’s General Counsel Anita Milanovich that referenced Senate Bill 458, a bill Gianforte signed that defines Montanans’ sexes as either male or female only, or SF-424 forms, which some state departments are required to fill out when applying for federal grants.

The form requires applicants to attest they will follow federal laws and standards, including anti-discrimination laws.

The firm specifically asked that the records custodian exclude communications directly from Milanovich to Gianforte and didn’t ask for emails exchanged with Brereton to try to avoid attorney-client privilege claims, according to court filings.

Upper Seven Law was looking for the communications because the firm was preparing to possibly sue over SB 458 (it did so in October) and had learned from social media posts that Milanovich had possibly “instructed Montana agencies to refuse to assure compliance with federal nondiscrimination law,” according to the lawsuit.

But the legal counsel for the Office of Public Information Requests denied the firm’s request, saying executive privilege had been asserted and that there were possibly documents that would be covered by attorney-client privilege. The governor is appealing a 2022 decision out of Lewis and Clark County District Court in which a judge ordered Gianforte to release records requested about bill tracking in the 2021 legislative session.

“We are aware that executive privilege is the subject of litigation and will reconsider this response if necessary on the final resolution with the Montana Supreme Court,” Office of Public Information Requests legal counsel Rebecca Narmore wrote, according to exhibits contained in the lawsuit.

DPHHS also denied the request on claims of executive and attorney-client privilege.

When the firm sued in October, it said the Governor’s Office and DPHHS had not provided any redacted documents or privilege logs — a list of records it considers private — and there was thus no way they could know if the documents were truly privileged or being withheld illegally on executive privilege claims the firm says do not exist under Montana law.

Three months later, the firm says nothing has changed, and Gianforte and Brereton continue to violate the public’s right to know under the state constitution.

The firm asked Judge Abbott to order they provide the court with the documents requested in camera so he can review them and see if any are truly covered under attorney-client privilege. It also asked him to order the two to produce a privilege log for any privileged documents and to provide any that are not covered to the firm.

In the request for summary judgment this week, the firm again asserted there is no executive privilege in Montana, that attorney-client privilege only shields legal advice between an attorney and their client and not all communications between them, and that even if there are privileged records, Gianforte and Brereton’s offices need to provide a privilege log or redacted responsive records under the law.

The request says the 1972 Constitutional framers did not contemplate any sort of executive privilege and the same court has recently upheld that notion, saying if there was executive privilege, it would be unclear whether any documents involving the Governor’s Office could be subject to the right to know.

“While the attorney-client privilege could theoretically protect a responsive email or a portion of the contents of the withheld communications, that possibility does not justify Defendants’ outright refusal to respond to Upper Seven’s requests and concomitant failure to produce a privilege log and redacted documents,” the filing says. “Twice in the last year, this Court has ordered that the executive branch must produce privilege logs in response to right to know requests.”

It also notes that lawmakers passed a bill in the 2023 session that further clarified how public information requests must be fulfilled, including procedures for the executive branch.

“Without a privilege log — or even a recognition that attorney-client privilege is distinct from the rejected executive privilege — it is impossible to know whether any of the requested documents may be shielded from disclosure,” Upper Seven Law attorneys wrote in Thursday’s request. “It is exceedingly unlikely that the requested documents are privileged.”

The law firm said that state agencies’ decisions not to comply with federal antidiscrimination law would also be a political decision and not legal advice, and that the right to know as it applies to the executive branch would be gutted if everything subject to potential future legal action triggered attorney-client privilege.

“The governor and DPHHS cannot withhold documents merely because they were produced by lawyers or discuss the law,” the filing says. “Here, the purpose of any guidance regarding SF-424 forms was to further the executive branch’s policies on discrimination — not to provide privileged legal advice.”

DPHHS and the Governor’s Office have said regarding the case that it does not comment on pending litigation.

In addition to the request that Abbott order a review of the documents and their release, the law firm has asked for a hearing in the event Abbott rules in their favor to ask for attorney’s fees.

2024-01-18 – SF-424 Brief in Support of Motion for Summary Judgement – FILED

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Montana

MSU Billings cultural showcase events bring India to Montana

Published

33 mins ago

November 19, 2024

Press Room

MSU Billings cultural showcase events bring India to Montana

BILLINGS — At Montana State University Billings, this semester’s cultural showcase is all about India—a celebration of its vibrant traditions, rich history, and the students who bring these cultures to life.

Each year, the Office of International Studies chooses a different country to focus on during the fall semesters. They host events to showcase that region through programming, movies, and free events for the community to attend.

Isabel Spartz/MTN News

Over a dozen international students are from India, and many participate and help run the themed events.

“We decided to go to India predominantly because we’ve had a large influx of Indian students, and we really rely on local community to help put this on,” said the school’s Associate Director of International Students Abby Cook.

This is their fourth year of holding themed semesters that began in 2021 during the COVID-19 pandemic to help students feel connected to other cultures and feel less isolated.

“We were still on a bit of a hiatus for travel and bringing in new students due to COVID, so we were thinking about how can we bring the world and just different cultures to MSU Billings to the Billings community as well, so that’s kind of the brainchild of the theme semester program,” said Cook. “It is funded predominantly by a grant that we have from the Department of Education.”

On Thursday, they held one of their last events of the year, the Indian Cultural Showcase. MSUB students from India had the chance to show off various regions of the country through music, dance, singing, clothing and presentations.

INDIA2_1.2.1.jpg — Many different types of Indian music were showcased through dancing, singing, and playing instruments.

“It’s just generally a really great event that brings the community together and celebrates culture and diversity in a very colorful way,” said Cook. “The community that comes, especially those on a regular basis, they adore it. It is all volunteer, I would say, and it is all something that is done on a very low budget, so it’s just managing the expectations. We are not bringing in people from India to do performances. Everything’s kind of homegrown.”

Over a dozen international students at the university are from India. Sophomores Mansi Luthra and Noor Deep Kaur are both from the northern Indian state of Punjab and have helped run the events throughout the semester. They said the year has been an opportunity to reconnect with their roots while sharing their culture with the local community in Billings.

INDIA4_1.7.1.jpg — Mansi Luthra is from Punjab and is studying health care administration at MSU Billings.

“Most of my classmates, they love Indian outfits. When I wear these outfits, ‘Oh, I love your earrings, I love your bangles,’ so those compliments just rejoy my blush,” said Luthra. “These kind of events rejoy your life, make you feel like you are a part (of something), and you are worthy. That’s a great thing.”

“It’s exciting to tell them about our own culture, and sometimes we are not afraid about things which are really important to us and people might ask about it and then we have to explain them. It’s like, ‘Oh that’s really different. We do that thing in a different way,’” added Deep Kaur.

For many international students like Luthra and Deep Kaur, the transition to a new school in a foreign country can be a difficult and isolating experience. The first year is often filled with challenges.

“First year was crazy, adapting to new technology of assignments, being feeling loneliness, homesick, all those feelings together,” said Luthra.

Over time, the girls found comfort in their shared heritage, and through their Indian student group, they found a sense of community.

“Then you cope with classes, with making new friends, especially I have a very good group of Indian friends here, so it just feels like home now,” said Luthra.

INDIA8_1.11.1.jpg — Noor Deep Kaur is studying nursing at MSU Billings.

For them, the event and chance to perform was an important reminder of the strength and diversity of their cultural identity.

“We get to know each other’s culture and we grow as a community. That’s really I think one of the best parts of this multicultural club and International Office doing this stuff,” said Deep Kaur.

The semester has helped create a bridge between international students and the wider Billings community, and as a reminder that we are all more similar than we think.

INDIA5_1.8.1.jpg — At the end of the showcase, members of the audience were invited on stage to dance.

“It’s important to showcase that we are all unique in our traditions and our cultures, yet we all still love to dance. We all still love music. We all still love to sing,” said Cook. “It brings a unique tone to the Billings community also because they can see, ‘Oh, this is in my community. We have people who are from India. We have a Japanese community. We have a French community,’ so I think that’s really powerful, and it helps them to get involved on a more personal level.”

For the students involved, the event is more than just a cultural showcase, but a way to reduce the isolation often felt by international students. By sharing their traditions, Mansi and Noor have been able to make the place they now call home feel a little bit closer to the one they left behind.

INDIA6_1.9.1.jpg — At the end of the showcase, members of the audience were invited on stage to dance.

“I’m getting to know people and my friends. My bones are growing more stronger and so that’s why I’m feeling good now. Yeah, I’m feeling less homesick,” said Deep Kaur.

“I really love how people embrace Indian culture. Their eyes shine when they see us performing, singing, being in our outfits, they compliment us, and they make our day and nights,” added Luthra.

Their final two events will be held on Tuesday, Nov. 19 at 7 p.m. at the Babcock Theater for a showing of the film “I Have Found It,” and on Thursday, Nov. 21 at the MSU Billings Rimrock Cafe from 5 p.m. to 7 p.m. for their Indian Cuisine Night. Click here for more information.

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Montana

World’s Only Ski-In/Ski-Out Treehouses @ Whitefish, Montana

Published

8 hours ago

November 18, 2024

Press Room

World’s Only Ski-In/Ski-Out Treehouses @ Whitefish, Montana

If you are in the market for a ski vacation with truly unique accommodations, you should definitely check out what Snow Bears Chalet in Whitefish, Montana has to offer. Snow Bear Chalets is a collection of three luxury treehouses located on Whitefish’s Hope Slope Trail with 100% ski-in/ski-out access. If you’re worried that sleeping in a tree would be roughing it, you will be pleasantly surprised that each of three treehouses comes with standard bedrooms and bathrooms along with luxury amenities including a private hot tub and a gas fireplace. Spend your day shredding the slopes and retire to your treetop turret retreat room to take in the incredible views. Sounds great!

About Snow Bear Chalets:

Snow Bear Chalets is a collection of three magical luxury treehouses located ON Whitefish Mountain Ski Resort’s Hope Slope and all 100% ski-in/ski-out. With no parking lots or treacherous staircases to deal with, you can ski to Chair 3 from any of the chalets and hit the slopes in under a minute! Hope Slope – is the first to open each season and a great option for night skiing on Whitefish Mountain. Plus, in the summer season, you’re only steps away from the mountain’s main mountain biking trailhead, connecting you to hundreds of miles of prime trails.

Each treehouse has breathtaking mountain and wooded views, with beautiful, highly functional living spaces, comfortable bedrooms and a large balcony with outdoor dining and private hot tub. All summer and winter resort amenities are within easy walking/skiing distance, including bars, restaurants, shops, etc.

There’s nothing like Snow Bear on any ski mountain in the US. Ponderosa Chalet sleeps 6 and is our highest in demand with its unparalleled slopeside location. Tamarack is identical to Ponderosa and less than 30 feet from the slope. Cedar is our largest chalet and great for groups, as it sleeps 10. Each Snow Bear Chalet is available for a 3 night minimum, depending upon the season, or for rent by the week during the holidays. Book all three treehouses and sleep up to 22 guests!

Snow Bear is not for everyone. It’s literally the ultimate in luxury living for those who choose a unique, decadent holiday experience. If you’re ready to be spoiled on a gorgeous mountain escape, you’ve found the right place! BOOK HERE.

PONDEROSA, our premier treehouse, is literally ON the ski slope, for unobstructed mountain and slopeside views. Watch the skiers fly by from your hot tub or while having coffee at the dining island in the morning. ZERO time to the slope, as you’re already on it!

TAMARACK, is the same size/layout as Ponderosa, but is located in the middle of the three threehouses. It has downhill slope views and is only about 30′ to the slope!

CEDAR is the largest treehouse and is perfect for larger groups. It has mountain views and is only 50′ from the slope!

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Montana

COVID-19 case numbers level off in Montana, slight increase in influenza cases

Published

16 hours ago

November 18, 2024

Press Room

COVID-19 case numbers level off in Montana, slight increase in influenza cases

MISSOULA, Mont. — Data released Friday by the Montana Department of Public Health and Human Services shows the number of COVID-19 cases reported in Montana leveling off.

The number of COVID-19 cases recorded for the week ended Nov. 9 was 281, the same as the week before. Hospitalizations dropped slightly from 15 patients to 13 during the same timeframe. There were no COVID-19 deaths reported for the week ended Nov. 9.

Influenza case numbers ticked up to 20 for the week ended Nov. 9, up by four patients from a week prior. There were no influenza-related hospitalizations or deaths recorded for the week ended Nov. 9.

No positive RSV tests were recorded for the week ended Nov. 9.

For more information, click here.

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