Filling district board seats

The end of a decades-long informal agreement now has the county and a rural fire district operating under strict observance of the law. The results will likely be the same, but the action behind the scenes is different this go-around as the Bull Lake Rural Fire District Board looks to fill two positions.

During its 24-year history, the five-member board has always recommended board members to county commissioners. In the past, commissioners appointed the recommended individuals without fail, but after what board members consider a surprise move, candidates are now filing formal petitions for nomination for the first time.

Last summer, the board submitted a letter to county commissioners recommending the reappointment of longtime Board Member Sylvia Maffit. After waiting a month without a reply from the county, Maffit was surprised to learn Doug Chapel had been appointed to take her place.

The change in procedure was allowed under state law that gives commissioners the ability to appoint board members when formal nominations by petition are not filed.

“There are other boards where we have appointed someone different than who was recommended,” County Commissioner Tony Berget said. “In light of the lawsuits, we felt it was time for a change to avoid lawsuits.”

A November 2013 Montana Supreme Court ruling gave the fire district authority to respond to emergencies within district boundaries. The decision overturned a district court ruling that gave county commissioners the authority to determine the scope of services provided by the fire district.

“We were blindsided when we were told it was too late for nominees,” Gerald Wallace, the board’s vice chairman said when discussing the situation that led to Chapel’s appointment. “I’m sure attitudes are changing with the Supreme Court ruling.”

The case was brought by Bull Lake Volunteer Fire District against Lincoln County, Sheriff Roby Bowe, Troy Area Dispatch Board, Libby Volunteer Fire Department, Libby Volunteer Ambulance Service and Troy Volunteer Ambulance. Bull Lake attorneys argued defendants conspired to prevent the district from dispatching emergency personnel within its jurisdiction.

“The trouble was self-dispatching and doing jobs they were not properly trained for,” County Commissioner Ron Downey said. “We need to get new blood on board and get the problems straightened out. We are all for Bull Lake and need to get along, that’s all.”

Maffit and incumbent board member Patti Sargent have formally filed for the May 6 election. Current board member Stewart Briskin is stepping down. While interested potential candidates have until Feb. 18 to file their candidacy, the addition of another candidate is unexpected.

Lincoln County Assistant Election Administrator Leigh Riggleman said many districts prefer to avoid elections.

“They operate on tight budgets,” Riggleman said.

Cost and the difficulty in recruiting candidates made recommendations and appointments a sensible solution.

“It’s hard to find people to get on these boards,” Sargent said.

If no other candidates file, the election will be cancelled and Sargent and Maffit will be declared victors by acclimation. State law allows a fire district election to be cancelled when there are an equal or lesser number of candidates than open positions.

“We learned from our mistakes,” Sargent said. “We were in error of not looking at the (Montana Code Annotated). We just want to follow the law.”

Berget said he regrets that changes in appointment may be viewed as personal.

“Sylvia Maffit is a wonderful person,” Berget said. “I applaud them for having an election.”

Sargent added that Chapel has been a strong addition to the board.

“Doug is deep thinker and a voice of reason,” Sargent said. “He’s been very helpful.”