Seeley Swan Pathfinder -

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By Beth Hutchinson
Seeley Lake, Mont. 

Seeley Lake Sewer Board Requires a LEGAL President

 


SEELEY LAKE - A month has passed without the Seeley Lake Sewer Board (and District) having a legal president. Montana Code Annotated 7-13-2271 (a portion of state law regulating sewer districts) states under “Organization of board of directors”:

1. A new board of directors shall hold its first meeting on the sixth Monday after the election of directors. It shall choose one of its members president and shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called.

2. The board shall establish rules for its proceedings.

An election for directors took place May 8. A majority of the old board was replaced when three new board directors were elected 2 to 1. The sixth Monday after the election was June 18.

The out-going board and its lame duck president Mike Boltz failed to hold a meeting to carry out M.C.A. 7-13-2271. They became derelict in carrying out their duties. They broke the law.

The three newly elected board members had given legal notice for a special meeting to be held June 19 for the purpose of electing new officers for the district board and to review the by-laws which had not been kept up-to-date for a quarter of a century. The person(s) preparing the agenda consciously misstated the language relating to the election of new officers, thus undermining the key reason for the special meeting and preventing the election. The board and district thus continued to be out of compliance with state law.

When input on the agenda for the regular July board meeting was solicited, items for the agenda were submitted, once again stating that elections be held for board officers. A number of other items were included for the agenda and a firm request that the emailed format be used so that the intended agenda would not be undermined as it had been for the special meeting in June. 

Others added items to the emailed format and it was posted at the U.S. Post Office in Seeley Lake as well as in other conventional places. Director Mike Boltz caused that agenda to be removed and subsequently removed the item relating to election of board officers and other items that he personally did not want on the agenda. He wrote an email to me stating that he had done so. Director Boltz intentionally continued the breaking of state law.

At one time or another every director must take an oath to support the Constitution of the State of Montana. That means that we are legally bound to follow state law. 

It is not up to Director Boltz to select which laws he feels like following and which he personally does not feel like following. His disrespect for the law of Montana translates as disrespect for the status of the three newly elected board members and for the constituents of the sewer district. 

It is essential for the welfare of all that the Seeley Lake Sewer District function legally and with respect. The law-breaking activities must cease immediately and remedies exercised. Director Boltz needs to recall and respect the oath(s) he took when he was appointed to the board and subsequently continues as a director by affirmation, not an actual election by the voters of the district. 

Beth Hutchinson - Elected by voters 2-1 (or more)

Seeley Lake, Mont.

 

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