At last Tuesday night's (8/05) City Commission meeting, Commissioner Jolley questioned city attorney, Dave Gliko, about whom should have reviewed the affidavits that SME filed with regard to "trade secret" documents.
In answer to Commissioner Jolley's question, he indicated that city staff had reviewed the affidavits and had referenced the case, Great Falls Tribune v. PSC.
In answer to Commissioner Jolley's question, he indicated that city staff had reviewed the affidavits and had referenced the case, Great Falls Tribune v. PSC.
In Mr. Gliko's brief, (see below) he states, "We submit the City is a governmental body subject to the..."
It's Commissioner Jolley's contention, based upon Montana Code Annotated, that a governing body "means a city commission, town council, county commission, or the commissioners of a municipal or regional airport authority".
She's wondering why the commissioners were not involved in this process since Montana Code Annotated says nothing about a city's staff being the governing body.
Click below to see the brief Dave Gliko filed in "Opposition To Motion To Enforce".
She's wondering why the commissioners were not involved in this process since Montana Code Annotated says nothing about a city's staff being the governing body.
Click below to see the brief Dave Gliko filed in "Opposition To Motion To Enforce".
9 comments:
Brief in Opposition is unsigned by the Attorney. Did you confirm that it was filed with the same language as your copy has?
The Brief is the same brief I got in my Friday Packet from the city.
I did not go to the Court House to see if the city sent me one that matches the one with the court.
Mr. Gliko said "it" was at the courthouse. This "it' is what was delevered to me Friday.
Mary Jolley
The people we ELECT are the governing body, NOT staff. "Managers do things right, but the leaders DO the right things."
Who is running this asylum anyway?
GF Girl wrote "Click below to see the brief Dave Gliko filed in "Opposition To Motion To Enforce"."
That document is unsigned, the cert of mailing is unsigned, there is no file stamp.
Did GF Girl verify that document had been filed before she stated that it was the Brief Gliko filed?
Mr. Gliko was not in the office when I visited at about 4:30 today. Two other staff members did say it is most probable that the Paprerwork provided to the commissioners was what was filed with the court. One woman who used to work at the court house said they get it - they stamp it and then it takes a while for it to be filed and entered into the record. I did not go over to the court houdse to check there. By the way I had a good chat with another atty over there.
I do provide bloggers with city stuff from time to time. I do think that this site does a good job keeping people informed. Thanks GF Girl.
Let me say it was provided to me and I will assume it was filed with the court until I learn otherwise.
Mary Jolley
I know that Mary, and I appreciate what you, and GF Girl do. I am not questioning you, or the good faith that was shown in posting these documents.
I simply think there is a difference between "the brief David Gliko filed" and "a copy (draft?) of a brief that David Gliko stated was filed".
2 reasons.
1. As Bloggers our credibility is attacked all the time.
2. Bloggers attack the credibility of things the City says and does, all the time.
I think that justifies just a little fact checking, and that should be done by the blogger making the statment.
A document with that title was in fact, filed by the City on Aug. 1. Anyone who wants to can walk in and ask to read it.
Hey, Let me do the mea culpa on this one. I gave the paperwork to GF Girl by saying, "This is the Brief that was filed."
When I read these things I don't look at signed pages -I just read the body.
Again mea culpa.
In defense of GF Girl, if you can't trust Jolley - you can't trust anybody. I think we might have learned that althought being right on this one -checking is always a good idea.
Mr. Gliko did comfirm this AM that it was filed.
Mary Jolley
It is important to note, too, that in the legal environment, the signing of a brief is more than just a ministerial act. By signing the document, the attorney puts his or her credibility on the line. By signing, the attorney certifies that he "has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee."
Rule 11, M.R.Civ.P.
Post a Comment