Judge denies Crismore petition
Mayor Tony Berget: 'As of right now he is off the Council.'
by KLCB Libby News Radio
September 21, 2006
19th District Judge Micheal Prezeau has denied the petition of City Councilman Stu Crismore for a Writ of Prohibition, to prevent the Libby City Council from removing Crismore from office.
In August, the City Council voted 4 to 3 to remove Crismore from his elected seat on the City Council. A tie vote was broken by Mayor Tony Berget in favor of Crismore's removal.
Crismore protested and requested a Writ of Prohibition to block the Council's action. The Judge issued an Alternative Writ of Prohibition and ordered the City, City Council, and City Attorney to Show Cause for their action.
As a result of the Show Cause, the Judge declared that Crismore's argument that the council needed a two-thirds vote of the council to remove Crismore was not valid. The Judge held that the Montana Code only requires that the Council determine that Crismore had openly neglected or refused to discharge his duties. Specifically, the City contended that Crismore missed eight of nine Council meetings and that constituted an "open neglect or refusal to discharge" Crismore's duties. Crismore said his absence from regular and budget meetings was due to work conflicts.
The Judge concluded that the Montana requires "a two thirds vote to remove a councilperson from office is only required when there is an allegation of "improper conduct" for actions that are not otherwise specifically enumerated", wrote the Judge, and does not require a two-thirds vote under the statute, to remove a council person for "open neglect or refusal to perform duties."
"As of right now he is off the Council." Mayor Tony Berget told KLCB News, referring to Crismore's seat. "At this point," said Berget, "there is a vacancy on the Council."
Attempts to contact Crismore for a comment were answered by a FAX machine at his listed number.
Story by KLCB Libby News Radio, www.bestcountryaround.com
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