Troy council, mayor trade jabs at meeting

Though 15 items were on the agenda, the Troy City Council made it only to number nine before adjourning last week’s meeting in protest.

Councilmembers Phil Fisher, Fran McCully and Gary Rose voted to end the monthly meeting early after Mayor Don Banning refused to allow a vote on a resolution to establish an alley maintenance schedule.

“If anyone would like to stick around, we can have an information meeting and I can go over the rest of the agenda with you,” Banning said afterward. “Since the council wants to leave, we’ll let them leave. Mark as absent – unexcused.”

With attendance of more than 30 people, the tit-for-tat between council and mayor caused, on occasion, a smattering of chuckles. During the two-hour meeting, the heated discussions drew in unsolicited comments from city employee Sandi Sullivan, as well as attorney Heather McDougall, who authored four proposed measures on the agenda.

Nothing brought on as much attention, however, as when attendee John Clogston spoke to the city’s leaders after the meeting had been officially adjourned but before the arguing had ceased. 

“I think you ought to get over this bickering and get down to the business of running this city,” he said before being drowned out by applause.

Banning and members of the council have been at odds over the parameters of their respective duties since taking office in January. Banning argues that the council micromanages, while the council maintains that the mayor has a dictator attitude.

Members of the council teamed up with McDougall, a vocal Banning opponent, to author legislation that would “hogtie” the mayor, in one member’s words. 

Banning read aloud City Attorney Mark Fennessy’s legal advice on the proposed alley maintenance resolution, which suggested consulting the department head in charge of streets and then putting together an estimated cost in order to amend the current budget or add to next year’s budget.

Banning framed the argument as though the current proposed resolution were illegal. McCully and Fisher pointed out that it would be legal and the council is not bound by Fennessy’s advice.

“He can’t make the final decision,” McCully said. “Why is the city council even elected?”

Banning replied, “I wonder.”

“Well, I’m sorry,” Banning added after hearing snickers in the audience, “but that’s the way I wonder sometimes.”

McCully then made a motion to pass the measure, and Fisher seconded.

“I cannot allow the motion,” the mayor said after a long silence.

He then moved on to the next agenda item, to which the three councilmembers, excluding Loretta Jones, voted to adjourn.

Though the council was kept from passing that measure last week, the governing body did vote to override the mayor’s veto on a resolution concerning agenda-setting. Because the mayor has denied agenda requests in the past, the council introduced a resolution that states that, if requested by at least two members, an item must be placed on the agenda.

Banning read aloud his veto letter, which stated his overall disapproval of the recent proposed ordinances and resolutions. He said the measures, which came across his desk typed out in legal language, “seem to be already approved by the council beforehand as a consensus of council” without holding a posted meeting, keeping minutes or including public comments, as required by law.

Fisher took offense.

“How many times have we discussed the agenda at public meetings? How many times?” he asked. “This resolution, this was one that was presented to you?”

The third piece of legislation that raised a ruckus was one that would amend or clarify – depending on interpretation – the portion of the city charter that outlines the mayor’s role in appointing and removing city personnel. The ordinance would make the charter clearly read that the mayor may not make personnel changes – hire, fire, promote or demote – without the council’s consent.

Banning read Fennessy’s opinion, which stated that amendments to the city charter must be made by a vote of the people. More arguing ensued after the mayor said there would be no vote, and it was his final “ruling.”

“Nowhere in the mayor’s powers and duties does it say ‘rulings,’” Fisher said. “It says, ‘carry out,’ it says ‘recommend measures’ to the council.”

After hearing opinions from McDougall and City Clerk Sandra Johnson on the matter, the subject was finally closed.

In other news at last Wednesday’s meeting:

• The council tabled the hiring of a part-time animal control officer to the disappointment of Chief of Police Bob McLeod.

• Maggie Anderson of the Montana Community Change Project spoke in favor of establishing a set of rules for community organizations that sell alcohol at Roosevelt Park in order to prevent underage drinking, over-intoxication and drunk driving. Banning mentioned that at a work meeting the council had discussed forming a committee of local citizens to generate proposed park rules.

• McDougall, on behalf of the Troy Chamber of Commerce, presented a proposed ordinance establishing park rules and enforcement for Troy’s Old-Fashioned Fourth of July, the largest annual event in Troy. Banning said that he had been advised not to allow the measure to be voted on until it is cleared by the city attorney and the city’s insurance carrier.