MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY
In re the Marriage of: Jacob J. Friday, Petitioner, and Anna K. Ables, Respondent
Cause No. DR-12-11
Dept. 2
SUMMONS FOR PUBLICATION
THE STATE OF MONTANA SENDS GREETINGS TO THE ABOVE-NAMED RESPONDENT:
You, the Respondent, are hereby summoned to answer the Petition in this action, which is filed with the Clerk of this Court, a copy of which is herewith served upon you, and to file your answer and serve a copy thereof upon the Petitioner within twenty days after service of this Summons, exclusive of the date of service; and in case of your failure to appear or answer, judgment will be taken against you for the relief demanded in the Petition.
This action is brought to obtain a dissolution of marriage.
Title to and interest in the following real property will be involved in this action: None
Dated this 30th day of January, 2012
/s/ Debbie Harmon, Clerk of Court
By: Paige Trautwein, Deputy Clerk
BS 2-8, 2-15, 2-22-12.

MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY
In the Matter of the Estate of RONALD J. LEWIS, Deceased.
Cause No. DP-12-09
Dept. No. 1
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed as Personal Representative of the above-named estate. All persons having claims against  the decedent are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred.
Claims must either be mailed to Brianna Wilson, the Personal Representative, return receipt requested, at the Law Offices of Lawrence D. Johnson, Attorney at Law, P.O. Box 500, Hamilton, Montana 59840, or filed with the Clerk of the above-entitled  Court.
DATED this 2nd day of February, 2012
/s/Brianna Wilson, Personal Representative
BS 2-8, 2-15, 2-22-12.

MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY
In the Matter of the Estate of ERNEST A. HOLEY, Deceased.
Probate Case No. DP-12-08
Dept. No. 2
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed as Personal Representative of the above-named estate. All persons having claims against  the decedent are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred.
Claims must either be mailed to the Personal Representative, Robert T. Holey, return receipt requested, at 115 West Third Street, Suite 208, Stevensville, Montana 59870 or filed with the Clerk of the above-entitled  Court.
DATED this 6th day of February, 2012
/s/Robert T. Holey, Personal Representative
BS 2-8, 2-15, 2-22-12.

Jennifer B. Lint
Boatwright Law Office, P.C.
1091 S. First Street
Hamilton, MT  59840
(406) 375-1385
Attorney for Personal Representative
MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY
IN RE THE ESTATE OF  DEBORAH C. HALL, Deceased.
Case No.: DP-12-12
Department No. 1
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate.  All persons having claims against the decedent are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred.
Claims must either be mailed to Michael S. Crouch and Nancy C. Behning, the Co-Personal Representatives, return receipt requested, at Boatwright Law Office, 1091 S. First Street, Hamilton, MT  59840, or filed with the Clerk of the above-entitled Court.
DATED this 15th day of February, 2012.
/s/ Michael S. Crouch, Personal Representative
/s/ Nancy C. Behning, Personal Representative
BS 2-22, 2-29, 3-7-12.

NOTICE OF TRUSTEE’S SALE
TO BE SOLD FOR CASH AT TRUSTEE’S SALE on June 5, 2012, at 10:00 o’clock A.M. at the Main Entrance of the First American Title Company, located at 1438 N. 1st Street, Hamilton, Montana,  the following described real property situated in Ravalli  County, Montana:
A TRACT OF LAND IN THE SW¼ OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 21
WEST, P.M.M., RAVALLI COUNTY, MONTANA AND BEING MORE PARTICULARLY
DESCRIBED AS PARCEL A, CERTIFICATE OF SURVEY NO. 4914-ED.
Commonly known as:  604 Lake Como Road, Darby, MT 59829
Jim Hendrickson, as Grantor(s), conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Bitter Root Irrigation District, as Beneficiary, by Deed of Trust dated July 27, 2007, and recorded July 27, 2007, as Document No. 592374.  The beneficial interest is currently held by Bitter Root Irrigation District.  First American Title Company of Montana, Inc. is the Successor Trustee pursuant to a Substitution of Trustee dated January 11, 2012 and recorded in the Office of the Clerk and Recorder of Ravalli County, Montana.
Jim Hendrickson has defaulted in the performance of said Montana Trust Indenture by failing to pay the monthly payment of $816.67 plus a escrow fee of $8.00 for a total monthly payment of $824.67 due for the 27th day of July, 2011 and a like sum of $824.67 due for each and every month thereafter, which monthly installments would have been applied on the principal and interest due on said obligation, and other charges against the property or loan.  As of January 30, 2012 there is due and owing on the loan an unpaid principal balance of $140,000.00, accrued interest in the amount of $5,864.22 for a total amount due of $145,864.22.  Interest accrues on the Note at the rate of 7.00% per annum with a per diem rate of $26.849 after January 30, 2012.    Interest continues to accrue.  All delinquencies are now due together with any late charges, advances to protect the security, and fees and costs associated with this foreclosure.
The Beneficiary anticipates and may disperse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantors.  If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation secured by the Deed of Trust.  Other expenses to be charged against the proceeds of this sale include the Trustee’s fees and attorney’s fees, costs and expenses of the sale, and late charges, if any.
Beneficiary has elected and has directed the Trustee to sell the above-described property to satisfy the obligation.
The sale is a public sale and any person, including the Beneficiary, excepting only the Trustee, may bid at the sale.  The bid price must be paid in cash at the time of sale.  The conveyance will be made by Trustee’s Deed.  The sale purchaser shall be entitled to possession of the property on the 10th day following the sale.
The Grantor, successor in interest to the Grantor, or any other person having an interest in the property, at any time prior to the Trustee’s Sale, may pay to the Beneficiary or the successor in interest to the Beneficiary the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney’s fees) other than such portion of the principal as would not then be due  had no default occurred and thereby cure the default.
The scheduled Trustee’s Sale may be postponed by publication proclamation up to fifteen (15) days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to one-hundred twenty (120) days by public proclamation at least every thirty (30) days.
Dated: January 30, 2012
/s/Becky Stucki, Assistant Secretary
for First American Title Company of Montana, Inc., Successor Trustee
c/o First American Specialty Services
P O Box 580, Blackfoot ID 83221-0580
STATE OF IDAHO)
: ss.
County of Bingham)
On this 30th day of January, 2012, before me, a Notary Public in and for said State, personally appeared BECKY STUCKI, known or identified to me to be the Assistant Secretary of the Corporation who executed the instrument on behalf of said Corporation, and acknowledged to me that said Corporation executed the same.
BS 2-22, 2-29-3-7-12.

Victor’s Matt Kittel heads to the basket as Lincoln’s Harley Schau moves in to defend during the semi final game at the District 13C tournament. Jean Schurman photo

The Victor Pirates finished in third place at the District 13C tournament in Frenchtown over the weekend. The Pirates, who defeated second place Lincoln last weekend, couldn’t get past the Lynx in the semi final game on Thursday and fell, 61-58.

The Pirates got off to a slow start and were down 11 points in the first quarter. Matt Kittel and Kyle Ball sparked a seven point run to get the Pirates going but Lincoln also had another spurt and led by six points at the end of the first quarter. It was more of the same in the second quarter; Victor made a run and pulled within a point before Lincoln went on another spree.

The Pirates didn’t falter and continued to make runs at the Lynx throughout the second half but just couldn’t overcome the Lincoln team. Ball finished with 32 points including four treys. Kittel had 18 points and also had four treys.

Lincoln 61, Victor 58.

Lincoln – Rhett Jorgensen 3, Josh Erickson 5, Ward Roberson 12, Harley Schau 12, Zane Tams 14, Kenny Winterrowd 15.

Victor – Kyle Ball 32, Corey Deering 8, Mat Kittell18.

Victor opened against Alberton and garnered their first win of the tournament. The Pirates won, 44-36. Ball finished with 23 points.

Victor 44, Alberton 36

Alberton – Todd Myrstol 3, Jack Lehl 4, Jake Thompson 16, Brandon Lehl 2, Dayton Hudson 10, Andrew Lommen, 1.

Victor – Derrick Cavill 3, Kyle Ball 23, Corey Deering 7, Matt Kittel 6, Randy Miller 5.

After losing to Lincoln in the semi finals, Victor had to play Valley Christian in loser out action Friday morning. The Pirates came out strongly and built a lead and then held on to win, 67-58. The Pirates shot well from beyond the arc with Ball hitting five treys, Kittle two three pointers and Kurt Manely one. Ball finished with 30 points and 7 of 8 from the free throw line.

Victor 67, Valley Christian 58.

Valley Christian – Lane Norberg 13, Tyler Moulding 11, Alex Love 18, Adam Richards  4, Dylan Dybdal 4, Chris Love 3, Matthew Burks 5.

Victor – Ball 30, Corey Deering 11, Matt Kittel 12, Randy Miller 2, Kurt Manely 6, Nate Bishop 2, Tanner Sacks 2, Chris Morozumi 2.

The win for the Pirates put them in the consolation game where they once again met up with Alberton. The Panthers came out on fire and had a four-point lead at the end of the first quarter. Victor rallied and tied them at the half and then went on to win, 48-36. Kittel had five three point baskets in the game.

Victor 48, Alberton 36

Alberton – Myrstol 5, Lehi 3, Thompson 13, B. Lehi 9, Hudson 6.

Victor – Manely 1, Ball 19, Deering 5, Kittel 16, Tanner Sacks 1, Bishop 6.

Darby opened up against Valley Christian and came away with a 49-45 point win. The Tigers built a lead in the first half and then held on for the win. Devin Thomas controlled the paint and dropped in 16 points.

Darby 49, Valley Christian 45

Valley Christian – Lane Norberg 11, Dylan Dybdal 2, Tyler Moulding 6, Alex Love 10, Adam Richards 7, Mathew Burks 9.

Darby – Ryan McCrossin 8, Garrett McCormack 5, Jeremy Campbell 9, Dylan Leidner 5, Devin Thomas 16, Joe Caicedo 2, Dylan Knox 2.

The win moved Darby into the semi finals where they went up against the No.1 ranked Drummond Trojans. Drummond quickly controlled the tempo of the game and went on to win, 55-40. Thomas had 16 points for the Tigers.

Drummond 55, Darby 40

Darby – Garrett McCormack 2, Jeremy Campbell 4, Dylan Leidner 10, Devin Thomas 16, Joe Caicedo 4, Dylan Knox 2, Storm Wanstrath 2

Drummond – Ben Lyons 7, Joe Mannix 6, Darius Pool 13, Danny Mannix 6, Mac Bignell 20, Aaron Kroll 3.

With the loss, Darby moved to loser out action where they met up with Alberton. The game was close for three quarters before Alberton pulled ahead for the 47-39 victory. Jeremy Campbell had eight points to lead the Tigers.

Victor’s Shai Scheffer takes aim at the basket while shooting a free throw against Lincoln on Thursday night.

The Lady Tigers of Darby have found out this season that District 13C is no walk in the park. Although they have competed well against the other teams, it has been a tough go for them. Darby opened their tournament play against Valley Christian on Thursday.

The Lady Tigers had a good first half and took a six point lead into the locker room at the half. But Valley Christian’s Linnea Hill hit a couple of treys to spark her team and they went on to win, 44-42. Brianna Massey had 14 points for the Lady Tigers.

With the loss, Darby moved into the loser’s bracket where they met up with Alberton. The Tiger defense stepped up in the second quarter and held Alberton to only four points while scoring 17 of their own. The Lady Tigers went on to win, 44-31. Keely Ehmann and Julie Abrahamsen each had 10 points to lead Darby.

That win moved Darby into Saturday morning play where they met up with Lincoln. The Lady Lynx had lost to Seeley-Swan Friday night and were looking to claw their way back into the mix. Although Darby led at the end of the first eight minutes, Lincoln came back to tie the game at the half. They went on to win, 52-42. Freshman Lauren Dolcater and Abrahamsen each had nine points. Darby finished the season with a10-11 record.

Victor opened their tournament play against the Lady Lynx of Lincoln. Tournament nerves got the best of Victor early in the game but they rallied back to play tough for three quarters. The Lady Pirates lost, 35-26. Ryanne Tracy had seven points for Victor.

Victor then had to take on Philipsburg in loser out action. The Lady Pirates rallied back from a four point second quarter to take the three-point win over the Prospectors, 43-40. Tracy again had the hot hand and finished with 23 points. Shai Scheffer added 10 points.

Victor then moved to Saturday morning where they met up with Valley Christian. It was Scheffer who had the eye on the basket this time. She dropped in 17 points and led the Lady Pirates to a 51-39 point lead.

That win set up a rematch against Lincoln for third place. Saturday morning games make for tough Saturday evening games with rubbery legs and fatigue battling both teams. Victor started strongly and held a six-point lead at the half. But Lincoln slowly edged back into the game and won, 48-44. Haley Tillotson had 15 points to lead Victor and Tracy added 14.

Habitat for Humanity of Ravalli County will be hosting their first two-day ReSale. The ReSale GRAND OPENING is at the Habitat Center, 131 Old Corvallis Rd (across from fairgrounds), Hamilton, Friday & Saturday, February 24 & 25, 9am to 4 pm. Doors, Vanities, Appliances, Plumbing Fixtures, Lighting, & more. Info 375-1926.

HUFF’S ANTIQUE SHOW. Feb. 25th, 10-5, and Feb. 26th, 10-4, MetraPark, Billings. Admission $5.00 – good both days. (406)238-9796.

Farm and Garden

RED, YUKON GOLD, RUSSET AND RUSSIAN BANANA POTATOES, winter squash, pie pumpkins. Potting soil. Hay and straw. Grain fed beef ready now. MOELLER’S NURSERY, Eastside Hwy., Corvallis. 961-3389. Please call ahead.

FRESH FARM EGGS. Natural free range chicken eggs, delivered daily to the Bitterroot Star. $3.00/doz. Call your order in to 777-3928, or just stop by! Also available: Locally produced Bugoni’s sausage and Ayres natural Angus beef and NOW selling locally made all-natural chocolate bars with NO additives. AND also taking orders for Big Sky Coffee Roasters Coffee, roasted and delivered to order.

Rentals Wanted

BITTERROOT PROPERTY MANAGEMENT, INC. is looking for residential rentals in the Stevi-Florence-Lolo area. We have been in business for over 20 years and look forward to talking to you. 549-9631.

Majestic Property Management. Rentals Wanted. You have a choice! 777-2625, 544-2009.

For Rent

ROOM IN VICTOR HOME, $400/mo. 1 block from Hwy 93. 369-5729.

NICE 2-BD duplex, very roomy, great views, garage. $595/month plus dep. 369-0408.

Stevensville: several furnished rooms in the 5th Street Guesthouse available immediately. BEST DEAL IN THE VALLEY! $300 ANY ROOM+ $30 MOVE IN FEE, SINGLE OCCUPANCY, PAY BY THE MONTH ONLY, NEW TENANTS ONLY. Call Robbie, 777-3087 for appt.

Available Immediately: Studio, furnished, micro & sm fridge, Cable & Internet provided, all utilities paid. Laundry $525 per month plus $150 deposit. No Pets or Smoking. Short term until June 1st. Call Robbie, 777-3087 (9am-9pm).

OFFICE SPACE FOR LEASE. Premier office building in Stevensville. Various sizes – 300-600 sq. ft. Call Gene, 381-0288.

For Sale

SHIRANIAN PUPS – 3/4 Shih-tzu, 1/4 Pomeranian. Kid tested, home raised, parents in home. $350. 406-218-9995, 406-550-7101.

Apple iMAC w/ 17 inch screen under AppleCare warranty until 2013. New $1200… $450/BO. 777-3749.

Free

TO GIVEAWAY: Two parakeets, “Star” and “Twinkles.” 777-7099.

Help Wanted

TOWN OF STEVENSVILLE
POSITION OPEN
TOWN CLERK/POLICE CLERK/COURT CLERK
Must have excellent clerical and organizational skills. Full job description available at Town Hall, 206 Buck, Stevensvlle. $12-$14/hour DOE. Drop off cover letter and resume at 206 Buck or email: stevimayor@gmail.com. Job closes Friday, March 2, 5 p.m.

Bitterroot Star has opening for one person on circulation crew. 1 day per week (Tuesday), inserting and bundling. Must be able to work quickly and be a team player. Minimum wage to start. If interested stop in at 215 Main, Stevensville and ask for Victoria.
ASSISTANCE MANAGER, Lewistown Rental, LLC – Looking for an opportunity in a dynamic, growing company? This full-time position is responsible for running an equipment rental operation. Successful candidate will have mechanical and customer service knowledge, HS diploma/GED, and 2 years management experience. Wage negotiable. Benefits include health insurance and IRA. Send resume/references to lewrental@midrivers.com or call 406-538-9033.

CITY OF NEW TOWN hiring police chief. Salary DOQ/exp. Great Benefits. Must be eligible for ND P.O.S.T. Send resume: City of New Town, P.O. Box 309, New Town, ND 58763, email: ntauditor@restel.net
WANTED: LIFE AGENTS √Earn $500 a day √Great Agent Benefits √Commissions paid daily √Liberal Underwriting √Leads, leads, leads. Life Insurance, License Required. Call 1-888-713-6020.
National Wolfwatcher Coalition is seeking new members in the Missoula and  Ravalli county area. We advocate for wolves through education and grassroot efforts. If interested please contact Marc at marc@wolfwatcher.org

Notices

LOST PRESCRIPTION GLASSES. BROWN TORTOISE SHELL FRAMES, TRANSITION LENSES. CALL DIANE @ 239-4436.

IF YOU USED YAZ/YAZMIN/OCELLA BIRTH CONTROL PILLS or a NuvaRING Vaginal Ring Contraceptive between 2001 and the present and developed blood clots, suffered a stroke, heart attack or required gall bladder removal you may be entitled to compensation. Call Attorney Charles Johnson 1-800-535-5727.

Instruction

ALLIED HEALTH CAREER TRAINING – Attend college 100% online. Job placement assistance. Computer available. Financial Aid if qualified. SCHEV certified. Call 800-481-9409 www.CenturaOnline.com

TRUCK DRIVER TRAINING. Complete programs, refresher courses, rent equipment for CDL, Job Placement Assistance. Financial assistance for qualified students. SAGE Technical Services, Billings/Missoula. 1-800-545-4546.

Real Estate

QUICK CASH FOR REAL ESTATE NOTES and Land Installment Contracts. We also lend on Real Estate with strong equity. 406-721-1444. www.Creative-Finance.com.

By Michael Howell

On Thursday, February 9, the Ravalli County Commissioners adopted new Fiscal Policies. The county already maintains separate Investment and Capitalization policies. Aside from those separate policies the new fiscal policies will supersede all other county documentation referring to financial policies.

“Specifically, job descriptions which indicate budgetary authority are subject to the provisions contained within this policy,” it states at the top of the new policies.

The purpose of the policies is to achieve and maintain a long term stable and positive financial condition and the intent is to use them as the basic framework for overall financial management of the county and to guide the day-to-day and long-range fiscal planning and decision making.

Several goals are enumerated:

1)To provide a financial base that will sustain a sufficient level of services to maintain the general health, safety and welfare of the county;

2)To deliver cost effective and efficient services to citizens;

3)To provide and maintain essential public facilities and capital equipment;

4)To protect and enhance the county’s financial position to assure taxpayers and the financial community that the county is well managed and financially sound;

5)To provide the financial stability needed to weather economic downturns, adjust to changes in the service requirements of the community and respond to other changes as they affect county residents;

6)To adhere to standards of financial management and reporting practices as set by the Governmental Accounting Standards Board and other professional accounting standards;

7)To fully comply with finance related legal mandates, laws and regulations.

To achieve these goals the commissioners are adopting policies covering the areas of revenue and expenditure management, operating and capital budgeting, accounting and financial reporting, debt management, and reserve fund management.

The Revenue Policies adopted would prohibit responding to long term revenue shortfalls with deficit financing and borrowing to support ongoing operations. It also requires all department heads and elected officials to estimate their department/office revenues “realistically, conservatively and prudently.” The county will also endeavor not to use temporary revenues to fund mainstream services or for budget balancing purposes. Fees and charges will be established for services provided that benefit specific individuals or organizations. Grants will be evaluated for matching grant requirements and ongoing resource requirements before acceptance.

Under Operating Budget Policies the commissioners are requiring all department heads and elected officials to submit budget proposals using zero-based budgeting whereby all expenses requested must be detailed and justified and every expense analyzed for its needs and costs. They must also present full-time equivalent for staffing levels for each operating fund or budget and any changes through the year must be authorized by the commissioners. All vacated positions must come before the commissioners for discussion and approval prior to posting the position.

It is also the Commissioners’ intent to adopt the budgets at the department or program level based on individual line items, “to ensure expenditures are controlled in an effective manner.”

The Operating Budget Policies also require that the budget be prepared with the participation of all department heads and elected officials that will be implementing the county’s fiscal policies and states that their “goals and objectives will be identified and incorporated into the budget process.” The Commissioners will also be investigating any budget-to-actual discrepancies that appear in the quarterly reports to be prepared by the Finance Department.

Expenditure Control Policies give the Commissioners the final say in any line item transfers within the departments or any expenditures beyond budget. The Commissioners’ approval is also required for any purchases of capital assets or undertaking any operating or capital arrangements that create fixed costs or ongoing operational expenses.

In the Capital Improvement Policies the Commissioners commit themselves to maintaining capital reserves sufficient for major repairs and replacements for its buildings. They set some criteria for determining the use of debt financing for capital items and require each department and office to prepare a schedule of capital items. The policy states that the budget must provide for adequate maintenance and operation of its assets.

Under Debt Management Policies it states, “No debt shall be incurred for which the County is not reasonably assured that sufficient specifically identified revenue source is available for repayment.” It also prohibits using long term debt to fund current operations, to balance the budget or to fund projects that can be funded form current resources and lays out some rules for ensuring that any long term debt taken on is soundly financed.

The county’s Operating Reserve Policies state that the county shall maintain sufficient operating reserves in each tax-levied and operating fund for the purposes of:

1)Mitigating short term volatility revenues;

2)Mitigating economic downturns;

3)Sustaining County services in the event of an emergency;

4)Meeting operation cash flow requirements before collection of property taxes, grant proceeds, contract awards, and other operating revenues;

5)Mitigating the impact of unexpected claims or litigation settlements

6)Meeting requirements for debt reserves when applicable.

The county’s policy is also to maintain undesignated operating reserves of at least 16% (or 2 months) of the operating budget of tax-levied funds and other operating funds, not to exceed 33% as required by law. In the event that operating reserves are less than the minimum level established by this policy, the County will develop a longterm plan to increase operating reserves to the required level.

The county is currently holding about 7% in reserves.

District Court Judge James Haynes issued an order on February 9, in part denying and in part granting a motion to dismiss the case filed against the County Commissioners over their decision to sign a settlement agreement with Deputy County Attorney Geoffrey Mahar. That agreement, decided upon by the County Commissioners on August 15, 2011, following a closed door session, resulted in the withdrawal of Mahar’s human rights complaint against County Attorney William Fulbright for political retaliation and age discrimination. The Bitterroot Star and Ravalli County Watchdog filed suit on October 6, 2011, alleging that the commissioners’ settemeent decision was in violation of the state’s open meeting laws, and laws governing public notice and public participation.

Judge Haynes denied in part the county’s motion to dismiss because he found that the county had “failed to meet its summary judgment burden to establish that its actions in approving the Settlement Agreement were adequate under the notice, public participation and open meeting provisions” of the law and constitution.

But Haynes granted in part the motion to dismiss because the lawsuit was filed too late to meet the 30-day statute of limitations to have a decision voided under the enforcement provisions and voidability provisions in the law.

The Court first takes on the issue of whether the commissioners’ decision met the requirements of the law. It is noted that the county does not dispute that a meeting occurred on August 15, that a closed session occurred in which the settlement agreement was reviewed, and that following the closed session the commissioners approved the settlement agreement “without further discussion, input, or details.”

The Court notes that the county commissioners are conflating the adequacy of public notice and public participation statutes with open meeting statutes.

“However helpful such a merger of issues may be in situations in which a meeting was literally open, in the context of this case – involving a closed meeting – such a conflation is unnecessarily confusing. For example, RCC appears to justify a closed meeting by arguing that the notice for the August 15, 2011 closed meeting was adequate, instead of that the meeting was properly closed. Similarly, RCC’s fusion of the public participation and open meeting issues obscures any possible distinctions between the enforcement provision (2-3-114 MC A) and the voidability provision in (2-3-213 MCA). In pursuit of a cleaner analysis, therefore, the Court will treat these inquiries separately, beginning with the open meeting inquiry.”

The Court found, first off, that no admissible evidence was presented that the commissioners had met the open meeting requirements of the law. The only evidence that the presiding officer had weighed the demands of privacy to see if they “clearly exceed the merits of public disclosure” were copies of unofficial minutes. Those minutes simply state that the Board invoked closed door “due to the nature of the issue.”

Pointing to two case histories, the Court notes that “[A] governing body is not entitled to rely on an ‘it’s okay because we said it’s okay’ approach when developing the record underlying its decision.” Rather, “the governing body must develop a record that fleshes out all pertinent facts upon which its decision was based in order to facilitate judicial review.”

The Court notes that closing a meeting simply “due to the nature of the issue” shows “no record evidencing of a balancing of privacy and disclosure concerns or of the pertinent facts upon which such a decision was based.”

Some facts that could have gone into the balance, the Court notes, are “whether an employee would be attending the meeting, whether that employee had or had not waived his or her privacy rights with respect to the meeting, whether the employee had or had not waived his or her privacy rights in connection with the underlying dispute, whether the employee had an actual or objectively reasonable expectation of privacy, whether the meeting involved the actions of a public officer or employee in the scope of his or her employment while occupying a position of public trust, whether the subject of the meeting was personal in nature or related to the employee’s position of public trust, the policy considerations making any actual expectation of privacy reasonable, and why the employee had an actual and reasonable expectation of privacy with respect to even his name.”

Aside from this lack of evidence and factual determination, another problem exists in the fact that on August 24, 2011 the Commissioners recorded the entire settlement agreement in the Ravalli County Clerk and Recorder’s Office, “creating the inference the RCC determined during the closed meeting on August 15, 2011, that pursuant to Section 2-9-304 MCA, the Settlement Agreement was a public document because the right of individual privacy in all circumstances did not clearly exceed the merits of public disclosure.”

The Court concludes that, based on the evidence, the Commissioners did not meet the open meeting law requirements.

On the issue of public notice and public participation the Court notes the law prohibits any agency from taking action on any matter discussed “unless specific notice of that matter is included on an agenda and public comment has been allowed on that matter.”

The Court notes that, according to case law, the public participation provisions “are only triggered when action of significant public interest is taken.”

The Court states, “Indeed, the facts fully indicate that the matter was an action of significant public interest,” noting that the newspaper article of September 2, divulging that the $180,000 plus settlement agreement had been made, also noted that the decision was made less than two weeks before the RCC publicly informed Ravalli County department heads of a 10% reduction in the Ravalli County workforce due to budget shortfalls.

The agenda for the issue on August 15 simply stated “Personnel Matter – Closed door may be invoked under MCA 2-3-203…other administrative matters.” With no mention of the review of, and decision resulting in, a Ravalli County obligation of over $180,000, the Court concludes that the public notice was inadequate to meet the law.

The Court also notes that, based on the unofficial minutes, there is no record that any public comment was taken or considered at the meeting.

The Court then applied a two-part test to the claims about Mahar’s privacy interests: (1) whether the person had a “subjective or actual expectation of privacy” and (2) whether “society is willing to recognize that expectation as reasonable.”

The Court points out that the fact that Mahar acknowledged in the settlement agreement itself that he understood that once his human rights complaint was filed that it may be accessible to the public, suggests there was no expectation of privacy.

The Court goes on to state that even if Mahar did have some subjective expectation of privacy it would not be considered “reasonable” by society. The court analyses eight items that Mahar may have had some expectation of privacy about and explains how none of them could be reasonably considered private in society’s view.

The Court concludes that the commissioners did not provide evidence to show that they had met the public notice or public participation laws.

The Court then noted that both the voidability and enforcement provisions of the law require a lawsuit contesting a decision to be filed within 30 days of the date on which the plaintiff or petitioner “learns or reasonably should have learned, of the agency’s decision.”

The Plaintiffs both argued that their lawsuit was filed within 30 days of the day they learned about the settlement agreement on September 6, 2011. But the commissioners argued that the petitioners should have reasonably learned of the decision the day it was published in the Ravalli Republic on September 2, 2011. After examining the plain language of the law and the dictionary definitions, the Court concludes that the plaintiffs should have come to know about the settlement agreement on September, 2, 2011, when it was published in an “above the fold front page article.”

“The fact that petitioners were out of town or had scheduled a medical procedure over the Labor Day weekend, does not diminish the fact that they reasonably should have learned or become informed of the RCC’s decision September 2, 2011 because that information was widely and publicly available even without the exercise of ordinary diligence,” wrote the Court.

The Court concludes that the commissioners are entitled to summary judgment that the petitioners’ claims,” to the extent they request that the court void or set aside the RCC’s August 15, 2011 decision to approve the Settlement Agreement…are untimely.”

Both sides are ordered to file separate status reports with the Court within 45 days of the date of the ruling, specifying whether this case may be dismissed, or whether substantive disputed issues remain and a scheduling order issued.

By Michael Howell

Stevensville Town Clerk Sue Gibson was fired by Mayor Gene Mim Mack last Monday, February 13, and the termination of her employment was consented to by the Town Council at a special meeting held on Thursday, February 16.

Mayor Mim Mack said that he terminated the Clerk/Treasurer last Monday primarily related to her duties as Treasurer. He said the primary issues were discussed at the previous council meeting and included the recent revelation that no revenues have been posted since last August into the Town’s general fund. There were also questions about certain expenses not being posted.

“There were other considerations as well,” said Mim Mack, “but the bottom line is that I thought the failures already mentioned constituted a serious enough failure of duty for immediate termination.”

Mim Mack said it won’t be easy for the recently appointed Treasurer to balance the books with so much missing data but it is a major priority. Stephanie Mapelli was hired to that position last week.

Gibson did not attend a special meeting of the council on February 16, at which the Council consented to the Mayor’s action of terminating her employment. The Council went into closed session to discuss the matter and upon reconvening a motion was made to consent to the Mayor’s action. No one from the public spoke. The 3 to 0 vote to consent was unanimous. Councilor Robin Holcomb was absent.

By Michael Howell

A proposal to extend the wolf hunting season in the West Fork of the Bitterroot in Wolf Management Unit (WMU) 250 was shot down by the FWP Commission at its last meeting in Helena on February 16. The FWP Commission also considered and rejected an extension of the season statewide. This puts an end to the wolf hunting season across the state as of February 15.

The wolf hunt, initially scheduled to end on December 30, 2011 was extended to February 15, 2012 due to the low number of wolves killed with respect to the quotas that were set.  The FWP Commission also removed the requirement for wolf hunters to wear hunter orange from December 9, 2011 through February 15, 2012.

The FWP Commission adopted a statewide quota of 220 wolves and created an additional Wolf management Unit (250) in the Bitterroot Valley with a local quota of 18. The final tally in the state came to 166 (out of a quota of 220) wolves killed with only six killed (with a quota of 18) in WMU 250.

Local hunters have been clamoring for more wolves to be removed from the West Fork due to precipitous declines in the elk population in the area. Ironically, the ongoing study of the elk population and predator interaction in the area is one reason the FWP Commission decided not to extend the wolf hunt in the area. The desire to stick with a statewide plan, rather than a piecemeal approach, was another reason cited.

Hunting District 250 in the West Fork has been the focus of a hot debate over the effect of wolves on the large ungulate population, as elk populations in the area have dropped dramatically since re-introduction of the wolves into the area. A recent study by FWP indicates however that mountain lions are taking a much larger share of the elk than wolves were. Even bears topped the wolf in the number of losses recorded.

In the meantime, the Ravalli County Commissioners are on the verge of adopting their own Large Predator Control Policy. That policy, as drafted, would urge FWP to adopt a set of rules designed to boost the number of wolves being removed. The implementation of the new rules would be triggered by decreasing elk numbers when those populations hit a minimum. It includes some recommendations for changes in the hunting regulations for mountain lions and bears as well.

By Michael Howell

Faced with another budget shortfall in the coming year, the Stevensville School District Board of Trustees is considering a plan, submitted by Superintendent Kent Kultgen, to reduce the number of school administrators and switch from a high school and junior high configuration to a grades 7-12 system.

According to Kultgen the school is facing a $225,000 shortfall in the general fund budget for the upcoming 2012-2013 school year. The shortfall in funding is a result of a drop in enrollment numbers and the resulting decrease in per student funding from the state. Kultgen explained that the funding is based on the average of the last three years enrollment. Three years ago, according to Kultgen, the high school had 410 students. The following year it dropped to 360, bringing the average down. The good news is that this may be the last year that the school district will be facing budget reductions related to the dropping enrollment as it seems to have leveled off at 360.

Kultgen said that the aim was to implement cost savings measures that would have the least effect upon students. One of the most visible cuts that will help offset the shortfall, he said, will be the recommendation to eliminate one administrative position by reducing the number of principals in the K-12 system from four down to three. The reduction in principals would go hand in hand with a re-structuring of the configuration of the grades, abandoning the high school/junior high school configuration, and adopting a 7-12 configuration. The current configuration includes a high school principal and vice-principal, a junior high principal and a K-6 principal. The new configuration would include a 7-12 principal, a 7-12 vice-principal, and a K-6 principal. The names of the exact principals recommended for the new configuration will be announced at the March 13 board meeting at which adoption of the proposed re-structuring will be considered.

Kultgen said that the school has been coping with the progressive decrease in funding over the years by cutting programs and teachers.

“Now it’s time to cut the administration,” he said.

Eliminating a principal position is only one of the savings, according to Kultgen. He said there were other savings related to changing to a 7-12 grade system, such as a corresponding savings as teachers can be used more efficiently. Kultgen stressed the fact that even though the grades 7-12 will be combined into one administrative system, the same physical separation between the grades will be maintained. The students will not be mixed. It is the teachers who will move between buildings providing their expertise and skills to the whole 7-12 grade system.

Kultgen also said that some research supports the fact that transitions between schools, such as between elementary to junior high and junior high to high school, negatively impacts student academic performance. He said the new configuration would minimize the junior high to high school transition. By mixing teachers through all the grades the students, although physically separated in different buildings, will have an experience of continuity that can smooth the negative effects of the physical transition. He notes that research indicates drop-out rates are lower in 7-12 systems.

The challenge, according to Kultgen, will be ensuring that the new administrative team covers all the buildings with the required level of support. He said the culture of the junior high should not change that much since the students will remain in their own facilities. But both junior high and high school students will have to adjust to the new routine of the smaller administrative staff, he said.

Under the new configuration all staff will be available to teach any class grades in which they are certified. Kultgen said this does not mean that teacher assignments will be automatically switched around, but it does mean “if a need arises we can use the properly certified teacher to fill that position.” The staff too, he said, would have to adjust to the new routine of a smaller administrative staff.

Kultgen also said that all these cost savings would still not meet what is required to make up the $225,000 shortfall. He said other options were being pursued. In January the Board approved a teacher retirement incentive with a March 1 deadline for teachers to apply. That could produce some savings.

Kultgen said that health insurance premiums are predicted to increase but the exact amount will not be known until March. He said a favorable increase would substantially help reduce the deficit.

All other possible staff resignations will be coming in soon as the school year winds down. With each resignation, he said, the district can better pinpoint savings, if any.

Kultgen said that any current principal whose position was eliminated could continue employment as a teacher. He said the budget plan was being considered early to allow any potentially affected administrator a window of opportunity to apply for administrative work elsewhere if they so desired.

“I am very optimistic about the future of Stevensville School,” said Kultgen. “We are making the necessary adjustments in order to align our budget with enrollment. I can see this pruning of the educational tree will result in a stronger more efficient educational system for our students.” Kultgen said if the school should receive an increase in funding in the future, it would be prepared to use that money to get stronger and better equip the students with a global education.

Montana law enforcement leaders who are members of Fight Crime: Invest in Kids Montana met with the state’s three members of Congress in Washington to urge federal support for effective ways to prevent child abuse and neglect. Stevensville Police Chief James Marble, second from right, joined Carbon County Attorney Alex Nixon and Cascade County Attorney John Parker in meetings with Sen. Max Baucus, Sen. Jon Tester and Rep. Denny Rehberg. Pictured with Marble from left to right are Dave Curry, Montana Fight Crime: Invest in Kids Director, Parker, Rep. Rehberg, and Nixon.

Is there an effective way to prevent child abuse and neglect that affects as many as 25 Montana children on average every week?

Stevensville Police Chief James Marble thinks so.

Chief Marble traveled to Washington D.C. last week with two other Montana law enforcement leaders to meet with the state’s three members of Congress. The law enforcement leaders offered their strong support for quality home visiting programs which they said can reduce child abuse and neglect by as much as 50 percent while also cutting future crime and saving taxpayers millions of dollars over the long term.

Joining Chief Marble on Capitol Hill were Cascade County Attorney John Parker and Carbon County Attorney Alex Nixon in meetings with Sen. Max Baucus, Sen. Jon Tester and Rep. Denny Rehberg.

Representing more than 70 Montana police chiefs, sheriffs, prosecutors and crime survivors, who belong to the anti-crime organization Fight Crime: Invest in Kids, the three law enforcement leaders told each legislator of the latest research that nearly 1,400 Montana children were victims of abuse or neglect in 2010. Nationally, one third of all victims are younger than four years of age.

“Voluntary home visits for at-risk families can prevent many cases of abuse and neglect from ever occurring,” said Chief Marble. “These programs pair nurses or trained paraprofessionals with pregnant women and new parents to teach them how to meet their child’s health and developmental needs. The programs help new parents cope with the stresses that inevitably come with raising a new child.”

“The number of reported cases of child abuse and neglect in Montana is alarming, and these are only the reported cases,” said Parker. “Many incidents go unreported. We are urging our members of Congress to support quality home visiting programs, because research shows these programs are highly effective in reducing abuse and neglect in the home.”

“We want to reduce abuse and neglect not only because it poses an immediate threat to thousands of Montana children, but also because it contributes to future crime,” said Carbon County Attorney Alex Nixon.

“While most survivors of childhood abuse and neglect never become violent criminals,” Nixon noted, “research has shown that approximately 29 percent more will become violent criminals than children without a history of abuse. Survivors are also more likely to abuse their own children, creating a cycle of violence that can span generations.”

The law enforcement leaders noted a study of one program model, the Nurse-Family Partnership program in upstate New York, which compared at-risk children whose mothers received visits with similar children whose families did not participate. Children in participating families were half as likely to be abused or neglected. Children in families that participated in the program had half as many criminal convictions by age 19 as those in families who did not receive the visits. In a separate study of a quality home visitation program, researchers found significantly fewer cases of childhood injury and child mortality among families who participated.

A 2011 report found that a Nurse-Family Partnership program produced almost $21,000 in NET savings per family served, the law enforcement leaders said.

“We want Congress to continue to make funding available for these worthy efforts,” said Parker.

The law enforcement leaders told the members of Congress that since the inception of the federal home visiting grant program in 2010, Montana has received nearly $5 million to implement and improve home visiting programs.