Official Misconduct Investigation Under Way

Broadwater Reporter

August 2nd 2019

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As a taxpayer it is everyone's right to know what is going on between Broadwater County and the Attorney Generals office.  These rights are guaranteed under Article II Section 9 of the Constitution of Montana.

A Request of copies of all documents between the Attorney Generals office and Broadwater County Attorney has been made.  This information is in relation to ongoing complaints filed against Broadwater County officials. 

It is our understanding that the Montana Attorney General has approved the appointment of Gallatin County Attorney Marty Lambert to perform as special counsel to Broadwater County Attorney Cory Swanson. 

This appointment is due to the conflict of interest in the Broadwater County Attorney’s office to prosecute claims against the Broadwater County Commission including but not limited to complaints against Commissioner Obert, Commissioner Delger and Commissioner Folkvord.

It was stated in a public Broadwater County Commission meeting on Monday July 29th 2019 that the Montana Attorney General has made this appointment in the interest of Justice. 

44-2-115MCA: provides authority of your office to make the aforementioned appointment Powers and duties of agents. An agent appointed by the attorney general pursuant to this part is a peace officer and:

(1) shall provide investigative assistance to city, county, state, and federal law enforcement agencies at their request in accordance with rules adopted by the department of justice;

Furthermore, under the civil rules of procedure it is clear that under 23.12.202 PUBLIC CRIMINAL JUSTICE INFORMATION (1)  Pursuant to the Criminal Justice Information Act, 44-5-101 through 44-5-602, MCA, initial offense reports and initial arrest records are public criminal justice information.

Citizens of Broadwater County have officially requested that all correspondence with Broadwater County Attorney, Gallatin County Attorney and the Montana Attorney Generals office be released immediately. 

This includes any and all written correspondence in between the above mentioned officials on this matter including any and all email correspondence.  An investigative report from your office appears to be the foundation for the appointment of Mr Lambert.  Therefore, because a copy of that report is public information we will also expect a copy of that report.

Because the request for assistance to Broadwater County has been ongoing, The citizens of Braodwater County have raised concerns over the statute of limitations that correspond with complaints filed by multiple citizens. If that window of justice passes by the peoples rights, elected officials are in violation of the public trust.

County Commission Faces Multiple Challenges

OFFICIAL COMMISSIONER MEETING MINUTES

February 25, 2019

Commissioner Mike Delger called the meeting to order at 10:00 a.m.   Commissioners Laura Obert and Darrel Folkvord were also present.

Public comment:  Bobbi Meehan asked if a final vote was taken re: Julie Lethert termination.

Commissioner Obert moved to reaffirm the vote on 2/19/19.  Motion seconded by Commissioner Folkvord.  Comments were made by Julie Lethert re: the process.  A decision was tabled until later.

Tim Ravndal commented again about agendas.

Nichole Brown, Community Development, appeared to ask if Valley Drive is a public road, and to determine if it must be a county road to be eligible for creation of a RID. Comments and information were received from Gary Hansen, Bernadette Swenson and Mike Evans.  Nichole was instructed to contact Tara Depuy and Cory Swanson for the status by use or dedication.

Nichole Brown requested preliminary plat approval for the 380 Views Minor Subdivision. Approval for this subdivision was revoked 1/14/19 at the request of the developer, who has re-submitted it.  Item #10, requiring the applicant to contribute to the cost to upgrade the existing road “Springville Lane” to county road standards, had not been reviewed by the Planning Board, as there was no quorum at the last meeting.  After discussion, which included the need for such a requirement but is not in the current subdivision regulations, Commissioner Obert moved to strike item #10 from the Findings of Fact and Order. Motion seconded by Commissioner Folkvord and carried. Commissioner Obert moved to grant preliminary approval for said subdivision.  Motion seconded by Commissioner Folkvord and carried. Findings of Fact and Order is on file in the Planning Office.

Commissioners stated the need to move forward to update subdivision regulations to include language and a cost share formula for upgrading county roads to county road standards.

Nichole Brown presented the 380 Views 2 Minor Subdivision for preliminary plat approval.  After review and discussion, Commissioner Obert moved to strike item #7 and first paragraph on page 5.  Motion seconded by Commissioner Folkvord and carried.  After further discussion and the agreement to include a letter from the Heinemann’s holding the county blameless re: the abandonment of a portion of Big Sky Drive in the plat approval documents when they receive final plat approval, Commissioner Obert moved to grant preliminary plat approval to said subdivision.   Motion seconded by Commissioner Folkvord and carried.  Findings of Fact and Order is on file in the Planning Office.

Allison Kosto, Extension, appeared to discuss the need for meeting space for 4-H and Extension programs. About 75% of meetings were in the ambulance building in the past.   There are currently 142 4-H members in the county. She has investigated available spaces in town, but has no funds in her budget for rental of space.

Commissioner Obert stated there is a good possibility of purchasing the Opportunity Bank building, which could answer the need for office and meeting space, as well as housing for the ambulances.  The county could get an intercap loan from Bureau of Investments for up to 15 years at 3.15%. Commissioner Folkvord agreed this is a good plan, and should include funds for any remodel if the building.  After further discussion, Commissioner Folkvord moved to fill out the application for a loan, and to draft a letter to Opportunity Bank with an offer of $150,000.  Motion seconded by Commissioner Obert and carried.

Teresa Monson, Health, presented a letter of termination of WIC program in the county for signature; this is due to the low number of participants and the high cost of the program..  After discussion, Commissioner Obert moved to sign the document to terminate Task Order #19075210020 as of March 12, 2019.  Motion seconded by Commissioner Folkvord and carried.

Mary Hendrickson, Public Works, reported the Road Department has all graders working now, and are clearing roads as fast as possible.  Weed/Mosquito Department has to work on the weed management plan.  The Mosquito Board needs members and has requests to expand the boundaries.

Commissioner Folkvord moved to approve minutes dated 2/19/2019.  Motion seconded by Commissioner Obert and carried.

Communications received: Vigilante Electric notice of annual meeting, Health Alert re: Measles, Montana Local Government Profile for FY 2107, Nationwide Retirement notice.  Communications are filed in the Commissioners’ office as deemed necessary and are available for review.

Commissioner Obert moved to pay approved claims dated 2/22/19 for $109,354.53.  Motion seconded by Commissioner Folkvord and carried.

Commissioner Folkvord moved to approve payroll for pay date 2/15/19 in the amount of $178,920.00.  Motion seconded by Commissioner Obert and carried. 

Cory Swanson, County Attorney, plans to meet with the landowner concerning the Longhorn Driveway issue and hopes to get it resolved.  He suggested one commissioner meet with Dr. Campbell’s attorney to resolve the lease issue.  After discussion among commissioners and comments from Jeannie Steele, the commissioner proposed a one-year lease and requested an answer by March 15.  Cory will follow-through with Dr. Campbell’s attorney per the Commissioners.

Bob Brastrup, Broadwater County Lions Club, via letter, asked permission to use the Courthouse lawn for the annual Easter Egg Hunt on April 20.2019. The certificate of insurance was enclosed.  Commissioner Obert moved to allow said event.  Motion seconded by Commissioner Folkvord and carried.

Brandon Harris, Bernadette and Jesse Swenson, Mike Evans, Wynn Meehan, Brooke Dolan, Cyrus Brandt, Alan Wright and Mike Koehnke were also present.

Commissioner Obert stated she will not be at the 3/4/19 meeting, as she will be in Washington, D.C. at the National Justice and Public Safety Committee meeting, paid for and representing MACo.

The meeting was adjourned at 2:32 p.m.   The next regular meeting is scheduled for March 4, 2019 at 10:00 a.m.

       Exciting changes for Seniors Coming to              Broadwater County Public Health

By Teresa Monson RN, | February 20 2019

New Years are time for reflection and change.  Your County Public Health Office has reflected on services provided and community needs and will be changing some services to provide more widely needed care.

Community needs that we plan to focus on in 2019, include more services for our Seniors.  Folks have requested more foot clinics; those will increase to twice a month and will include the Sr. Center with blood pressures, blood sugars, home visits for nail care and flu shots.

Public Health is also responsible for Broadwater County Emergency and Bioterrorism Preparedness, infant mortality investigations, rabies investigations, school nursing services, immunizations action plan, Maternal Child Health and much more.

Your County Public Health Office is staffed with two nurses, Teresa Monson and Heather McMurdie, between the two they have over sixty years of combined nursing experience in multiple health care fields.

However, to accomplish these goals and provide increased services to our aging population, due to the lack of participation in the Women, Infant and Children (WIC) program, we are no longer going to offer those services.

The number of WIC clients participating in our clinics in Broadwater, Meagher and Jefferson counties has decreased dramatically in the past few years.  The trend nationally is people are aging out of the program and possible finding employment with the growing economy.

Advances in technology have greatly streamlined the program.  WIC participants can do on line applications and only need to be seen by the WIC staff twice a year. 

Broadwater County Public Health is open Monday-Friday, 8am-5pm. 

For appointments please call 266-5209. 

Thank you for your patronage. 

Teresa Monson RN.