Problems not over for irrigation board
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ST. IGNATIUS – Two things occurred during a short Flathead Joint Board of Control meeting on Saturday, Jan. 14.
Board members were sworn in after about a year of conflict, although the issue isn’t over. One more seat is now contested.
Elected board members from the May 2016 election took their seats for the first time on the FJBC after being sworn in. Janette Rosman and David Lake now represent the Flathead District, and Ray Swenson represents the Mission District.
After the May 2016 election, the three elected officials were not seated because the former FJBC voted to cancel the election after 800 election ballots were not initially sent out. The former elected officials remained on the board until a judge made a decision on the matter.
Lake County District Court Judge James Manley ruled Dec. 13, 2016 that the election was valid. He stated, during his ruling, that no further resolutions or actions of the FJBC are lawful until the candidates are seated.
Judge Manley’s ruling was considered again about five minutes into the meeting when Commissioner Paul Guenzler said that one more member was not seated.
Jennifer Kaplan stood up in the audience and said she was supposed to be on the board as a representative for the Jocko District to fill Commissioner John Trimble’s term after he sold his property.
She held up a certificate from the State of Montana and Lake County verifying that she was appointed to the board until the term ends in May.
The document is a Certificate of Election by Acclamation stating that Kaplan was the only one to file for the remainder of the term. Lake County commissioners and the election administrator signed the document.
But the board had already appointed Loretta Adams to finish out the vacant term. They said “historically” the FJBC bylaws have allowed them to appoint a person to fill a vacant position on the board until that position’s term ends.
Attorneys for the FJBC said they didn’t think Judge Manley’s decision applied to this situation because it was a position to fill a term after a former board member resigned and not an elected position.
The FJBC members voted to cancel the meeting about 20 minutes after it began until an emergency meeting can be scheduled with Judge Manley to figure out the situation.
“It’s a good thing that the rule of law will be looked at,” Kaplan said after the meeting closed.
Public members of the audience were interested in Kaplan’s qualifications. She said after the meeting that she lives in Arlee on a 40-acre plot where she raises horses, cows and hay. She also irrigates.
She supports the CSKT-Montana Water Compact. She also says the board is spending too much on legal fees.
