County wins BLFD case

For the second time in nine months, Lincoln County has won a legal decision against a fire department within its jurisdiction that sought a definition of self-governance and expansion of services.

Twentieth Judicial District Judge C.B. McNeil on Tuesday handed down a decision in the case that pitted Bull Lake Fire District against Lincoln County, Sheriff Roby Bowe, Troy Area Dispatch Board, Libby Volunteer Fire Department, Libby Volunteer Ambulance Service and Troy Volunteer Ambulance. 

Last June, McNeil decided against Cabinet View Fire Service Area in a similar request, the differences chiefly being Cabinet View was a fire service area and Bull Lake is a fire district.

Kalispell Attorney Kim T. Christopherson represented Bull Lake. Attorneys Sean Goicoechea and Jinnifer Jeresek Mariman, a Libby native also with offices in Kalispell, represented Lincoln County. 

Last week, attorneys for both sides filed their proposed findings and statements of facts for McNeil, which he promptly turned around into the decision handed down Tuesday. McNeil was asked to preside in the 19th Judicial District case at the request of Bull Lake.

Lincoln County Attorney Bernard Cassidy said he was not surprised by the decision.

“It’s a well-reasoned decision,” Cassidy said. “I think the decision speaks for itself. It looks to me to follow the black-letter of the law.”

Libby Volunteer Fire Department Chief Tom Wood, whose agency was named in the lawsuit, said he is happy the long saga has come to a conclusion.

“I am pleased with the outcome of the court,” Wood said. “However, I expected it would be this way, as the law was pretty specific and just needed to be followed. The management of CVFD and BLFD refused to understand or did not want to understand the law and brought all this upon themselves.

“It is too bad that the taxpayers of Lincoln County and of the Bull Lake Fire District and Cabinet View Fire Service Area had to pay the thousands of dollars in attorney costs just to prove to those folks that they do need to follow the law.”

Wood said he is hopeful volunteers will find their way toward continued service.

“There are many fine volunteers in those departments who I hope can learn from this and proceed to follow the law and do good work as emergency persons in our area.”

Bull Lake Fire Chief Clyde Miller said he feared the quick decision by McNeil would not bode well.

“I am surprised that it was that quick,” Miller said. “I’m really disheartened. This discourages me because I know we’re doing the right thing by the people in our district.”

Miller said the Bull Lake Board of Trustees will meet Monday evening, and at that time the board will decide whether to appeal McNeil’s decision.

In the 10-page explanation of his decision, McNeil broke down his rationale into five areas: 1.) Missoula Rural Fire District Chief William B. Cowell’s testimony; 2.) Summary of judgment standard; 3.) BLFD’s scope of delegated powers; 4.) Authority to expand BLFD’s scope of powers; and 5.) Dispatching of BLFD.

Addressing Chief Cowell’s statements on Jan. 3, McNeil said the testimony was immaterial to BLFD.

“Although the court appreciates Chief Cowell’s service to this state and appreciates the service to all of the volunteers for petitioners and respondents, Chief Cowell’s testimony was not material to any issue in this case,” McNeil wrote. “Specifically, Chief Cowell testified exclusively about the operation of the Missoula Rural Fire District. The details regarding the operation of the Missoula Rural are not material to whether BLFD is authorized to expand the types of emergency services it provides within its jurisdiction without approval, coordination, or cooperation of Lincoln County.”

In explaining the summary judgment standard, McNeil wrote: “The court finds there are no genuine issues of material fact which preclude summary judgment in favor or respondents on BLFD’s claims. It is (undisputed) that Lincoln County established the BLFD pursuant to MCA Section 7-33-2100 et seq. ... Thus, the court finds the (county’s) motion for summary judgment in reference to BLFD is appropriate for disposition as a matter of law.”

In explaining BLFD’s scope of delegated powers, McNeil wrote the fire district understood the breadth of its duties to general fire protection as outlined in its agreement with Lincoln County effective July 19, 1989. In essence, McNeil wrote the board knew its limitations when it signed on. 

McNeil also wrote the BLFD Board of Trustees understood the scope of Lincoln County’s (role) as indicated in the initial by-laws adopted by the BLFD Board of Trustees on May 26, 1992, “wherein it recognized the scope of its power to be to obtain and maintain firefighting equipment and related apparatus. … Regardless, even if that issue were disputed, the court finds that the version of MCA Section 7-33-2105(2) in effect at the time Lincoln County created BLFD only allowed the delegation of duties to BLFD related to firefighting.”

In further defining the scope of powers, McNeil wrote that first, the BLFD Board of Trustees cannot exceed the scope of its initial power delegated to it by Lincoln County.

Secondly, McNeil said there is no indication that the amendments to MCA Section 7-33-2105(2) in 1991 were intended to be retroactive and, therefore, the court could not apply them retroactively. BLFD Attorney Christopherson argued during the hearing that the statutes should be applied retroactively. However, McNeil did not interpret the law that way.

McNeil’s third point reinforced Lincoln County’s stance that the Legislature understood the only powers delegated by counties, respective to fire district boards of trustees, were powers expressly stated in the statute. 

“It is undisputed the statute in effect when Lincoln County created the BLFD authorized the BLFD Board of Trustees to provide adequate and standard firefighting apparatus, equipment, housing and facilities … thus the powers delegated to the BLFD Board of Trustees were, and are limited to, firefighting only,” McNeil wrote.

McNeil’s fourth point addressed limiting response to vehicular accidents.

“Even if the amendments in 1991 apply to BLFD Board of Trustee’s delegated powers, those amendments only added the term emergency response. BLFD presented no argument, legal or factual, as to how the addition of ‘emergency response’ as used in MCA Section 7-33-2105(1), includes the authority to provide services related to motor-vehicle accidents, extrication, water rescue and search and rescue.”

McNeil said statute does not authorize the unilateral expansion of BLFD’s services beyond firefighting without first obtaining the approval of Lincoln County. However, it does give the board authority to govern and manage.

As for self-dispatching to emergency scenes, McNeil acknowledged that BLFD must be notified of dispatching within its geographical district. However, Lincoln County has designated Troy Dispatch for that area. “Additionally, consistent with this court’s prior ruling on this issue, Troy Dispatch has the discretion to dispatch emergency services, including those provided by BLFD, as it deems appropriate.”

In summation, McNeil issued a one-paragraph conclusion.

“The foregoing ruling regarding BLFD and the rulings entered in the court’s June 20, 2012, order regarding Cabinet View Fire Service Area on the controlling issues of law are dispositive of all issues raised in the petition for declaratory relief and the amended petition for declaratory relief.”

McNeil ordered that each side would pay its own legal bills.