Crismore entitled to serve term, says Judge
Issues permanent Writ of Prohibition vs. City of Libby
February 5, 2007
19th District Judge, Michael Prezeau, has issued a permanent Writ of Prohibition in the case of Stu Crismore vs the City of Libby and the Libby City Council. That means absent a disqualifying event, Crismore is entitled to serve out his term on the Libby City Council. The Judge awarded Crismore his costs and attorney fees, which means the City will have to reimburse Crismore.
In the 9-page decision the Judge pinned the case on the City of Libby’s violation of its own rules, and thus a violation of Crismore’s right to due process.
Whether the City’s reasons for removing Crismore from office were valid, a question the Montana Supreme Court felt needed answered, the Judge said “because the Court is concluding, as matter of law, that the City violated Crimore’s due process rights, it would be improper for the Court to speculate how it might rule on the 'neglect or refusal' question if Crismore were removed from his office pursuant to a proper vote of the council.”
In other words, the Court did not assess whether Crismore was neglectful of his duties as the City claims.
It is fact that Crismore missed virtually all the regular and special meetings of the council over an eight week period. Those meetings included the City budget setting meetings.
Crismore contends he missed the meetings due to work obligations.
The City’s own rule, which it violated, is the definition of a quorum. The City’s rules require an affirmative vote of four Council members, a two-thirds vote, to adopt or reject any motion, resolution, or ordinance, or pass any measure unless a greater number is required by statue. In this case, it was a 3-to-3 tie vote, broken by the Mayor, as provided in the City charter. Not good enough said the Judge.
“Ultimately”, said the Court, “regardless of how many meetings Crismore missed and whether his absences would qualify as neglect or refusal to perform his duties, the Court finds that Crismore was denied due process by the City ignoring its own rules for voting.”
It is ironic, as the Court pointed out, that Crismore has been lobbying the Council to change the very rule that saved his bacon in this case.
The Libby City Council has put the issue of its voting requirements of the Council Rules and Procedure on the agenda for Monday night.
It is not clear whether the City will appeal the decision.
Story by KLCB Libby News Radio, www.todaysbestcountryonline.com
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