City Is Sued

Last Friday in state District Court, Susan Overfield filed a lawsuit against the City pertaining to her expulsion two years ago from a City Commission meeting.

I was at that City Commission meeting.

I can say that prior to being "escorted" out of the chambers, Ms Overfield was not "loud and poorly behaved" as the city prosecutor claimed during her Municipal court trial. She most definitely was intent on finishing what she had come to say, but at no time at the podium did I feel she was "loud and poorly behaved". Yes, she was told her time was up, but please keep in mind that Mayor Stebbins has on more than one occasion allowed certain folks to go over the time limit; but, and this is a big but, it depends on who you are and what you are saying.

Ms. Overfield was found guilty at that trial, but that decision was overturned by District Court Judge Julie Macek in February of this year.

Ms. Overfield is now suing for "general and special damages, loss of past and future earnings, compensation for pain and suffering, and attorneys' fees".

City Attorney Dave Gliko was not aware of the suit, but indicated that the City will submit information to its insurance carrier and they will determine if they will provide coverage and step in to defend the city.

Last Night's City Work Session

The City Commission work session meeting last night lasted longer than the Commission meeting. By 7:25pm, the Commission meeting was over. The work session lasted nearly 1 1/2 hours.

The work session primarily dealt with the public safety levy. No decision was reached as to when this levy will be held or how the question will be asked.

According to the fire department's numbers, their levy will be about 16 mills. The police department didn't have a lot of time to come up with numbers, but according to their needs, their levy will be between 16-20 mills. More precise numbers are forthcoming.

Needless to say, not everyone was thrilled to hear the suggestion that their taxes could go up 25%.

The Animal Shelter was discussed as well, but there was not enough time allotted for that discussion either. There is currently a Memorandum of Understanding between the city and the Animal Foundation that, according to the city manager, will probably see many addendums.

The Animal Foundation indicated they will operate the shelter. The city will be responsible for controlling/licensing the animals. The price tag for the shelter is currently at $3 million, with each entity contributing half. Right now, the city doesn't know where its half is going to come from. At the next meeting about this, more numbers will be shared.

Neither topic was opened to public comment.

Animal Shelter Update

Last night, Greg Doyon informed the commission that he is working with the Animal Foundation, albeit slowly. He indicated they are discussing who would be responsible for what and are reviewing the existing plans.

Stay tuned.

Where Oh Were Has Our Little Dog Gone?

More than two months ago, on September 2 to be exact, Commissioner Rosenbaum appointed himself and few others to a "construction committee" to begin work on the new Animal Shelter. He was quite confident they could finish their work in "less than a month."

Well, here it is, 60+ days later and......nothing.

Anybody heard anything?

Animal Shelter Update

Rich Ecke did a good job of reporting what transpired at the City Commission work session last night with regard to the Animal Foundation report and the virtual animal shelter tour the city manager gave.

But he did leave out an important decision the commissioners made.

They decided to rescind the Animal Shelter Committee ordinance.

To recap, this committee was to be comprised of two members recommended by the Animal Foundation, two recommended by the Humane Society and three from sitting Neighborhood Council members. On June 6, Commissioner Bronson was very much in favor of getting this committee up and running:

"My concern is that if we wait too long to get the Committee up and running, we may lose some time in getting the entire animal control/enforcement/shelter operations issues resolved".

Well, it didn't happen. In fact, for two months we heard nothing. It wasn't until about August 8 that a concerned citizen brought it up again.

Now, a month later, we have the Animal Foundation, albeit in a nice way (there was humor in their presentation), putting the city in the hot seat. According to conversations they had with former city manager, John Lawton, the city was always going to be in partnership with them with regard to the shelter. (No monies were set aside in the 2008-2009 budget for this, simply because there is no $1.5 million, which evidently is the amount the Foundation was told it would receive from the city). They indicated last night that partial funding is not an option, because expenses keep increasing.

Commissioner Rosenbaum suggested a "construction" committee be appointed to get going on this deal. He just kind of appointed himself and a few others who were mentioned in the Trib's article. (I guess these types of decisions don't require a vote, because none was taken. In fact, I don't recall that he asked for anybody else's opinion about who should sit on this committee). He also "predicted the committee could finish its work in less than a month".

Interesting.

They couldn't get a committee comprised of residents off the ground in two months, but they can get a construction committee comprised of themselves organized in less than five minutes and get the job done in less than a month.

I can hardly wait.

Work Session, Sept. 2, 2008

At tomorrow's night work session meeting, beginning at 5:30pm, the topic will be animals.

Bob James of the Animal Foundation will be giving an update on that organization and City Manger, Greg Doyon, will be giving a virtual tour of the animal shelters in Bozeman, Billings and Missoula.

I wonder if we'll hear more about what the future will be for the Animal Shelter Committee?

Animal Shelter Committee Update

At last night's City Commission meeting, Commissioner Jolley indicated that the Animal Shelter Committee resolution will be amended or rescinded due to lack of interest.

No comment was made about how the resolution would be amended, if that were to be the will of the commission.

Sounds like we might be back to square one on this issue.

Animal Shelter Committee

Thanks to RL for jogging our memories, or at least mine.

He wrote a note to Tribune reporter Richard Ecke wondering about what is going on with the Animal Shelter Advisory Committee.

On June 17, 2008, the City Commission voted 5-0 to appoint this committee, but to date, nobody has been seated. According to the resolution, 2 members are to be chosen based upon the recommendation of the Animal Foundation; 2 members from the recommendation of the Humane Society of Cascade County and 3 members from sitting Neighborhood Council members.

On June 6, Commissioner Bronson submitted proposed amendments to the resolution and in part said:

"...I anticipate that whatever arrangements we might work out with the Foundation will be worked out or will be close to being worked out by the time the Committee membership is chosen. They can then start on matters pertaining to future operations of the facility. My concern is that if we wait too long to get the Committee up and running, we may lose some time in getting the entire animal control/enforcement/shelter operations issues resolved".

[emphasis added]

City Commission Meeting This Week

Tomorrow night's (Tuesday, 6/17) City Commission meeting has a few items of "increased" interest on its agenda:

1. For the third time, Resolution 9749, which would create an Animal Ordinance/Shelter Operations/Enforcement Advisory Committee, is on the agenda. Commissioner Bronson did rework this resolution.

2. Fire Protection and Emergency Services Agreement between SME and the City of Great Falls Fire Rescue.

3. Accept Ordinance 3009, Disorderly Premises, on first reading and set a public hearing. Not surprising, this ordinance has generated controversy. Within the next few days, I am expecting to post another point of view.

Postponed Again

As was indicated in today's Tribune, the City Commission last night voted to amend the wording regarding the formation of an Animal Shelter/Enforcement Advisory Committee. A couple of commissioners weren't in favor of the ordinance as previously written.

Commissioner Bronson is going to rework it and see if he can make all parties happy.

It's a good thing that time is being taken to seriously work on this. For those of us who follow City Commission meetings, we know they have been notoriously quick in the past to "hurry up and take a vote" regardless of public comment or questions.

I commend Commissioner Bronson for taking on this challenge. Good luck!

They Don't Want Your Opinion

I know. You already know that, but here goes:

City Commission Meeting, Tuesday, June 3, agenda item #8:

"On May 20, 2008, staff recommended the adoption of Resolution 9749 creating an Animal Shelter/Enforcement Advisory Committee to assist the Commission in a variety of issues relating to the animal shelter and animal control".

At that meeting, the commission voted to table the ordinance.

"However, members of the City Commission have advised that they are comfortable in making immediate decisions necessary, and that an advisory committee, as is contemplated in Resolution 9749, should be postponed until shelter and enforcement operations have been finalized".

It couldn't be more obvious. Certain members of the City Commission do not want public input, especially from folks, like neighborhood council members, who may not have their own agendas. Heaven forbid if there would be unbiased opinions and suggestions given about animal operations.

Any guesses which commissioners vote in favor of denying this ordinance at Tuesday night's meeting?

Humane Society of Cascade County

Here is a letter that Humane Society board member Jan Cahill wrote to City Manager Greg Doyon.

Let's hope this organization can finally get a decent response from the city.

Don't Hold Your Breath

This past week we learned the Animal Foundation was given the impression, apparently some time ago, they would be receiving $1.5 million from the city.

I attended a public meeting this week where Commissioner Bronson indicated that, during recent budget hearings, the requests of various city departments for FY 2008-2009 have exceeded the funds available by $1.8 million. According to Mr. Bronson, these were frugal requests.

I don't think the Animal Foundation is going to get it.

Tabled

The City Commission decided at tonight's meeting to table ordinance #9749, which would have created an Animal Shelter/Enforcement Advisory committee, until June 3, the next City Commission meeting. And for good reason.

According to Mayor pro tem Bronson, commissioners received phone calls from citizens asking questions and wanting more time to think about what the staff report indicated before they voiced their opinions. This report only became available to the public last Friday.

It's a good sign, and one we aren't used to, when commissioners respond to the citizens like they should. Let's hope the trend continues.

It's Never A Good Idea To Keep Secrets

This is a six page letter written to Mr. Doyon from the Animal Foundation in response to his meeting with them and subsequent letter written on May 5, 2008:

On page 1, Mr. James indicates, "we have no objection to the formation of a committee to advise the City on shelter management and operations". Who cares if they have an objection or not? The City is a separate entity entitled to have a committee depending upon the vote of the commissioners. (This issue is on the agenda for tonight's City Commission meeting)

UPDATE:
The City Commission voted to table this issue.

I guess though their attitude is somewhat understandable given the remark Mr. James made on page 2:

"The Animal Foundation and the City have proceeded since 2002 on the assumption that a joint facility would be the better option. That decision by the former city administration is certainly subject to change".

It sounds like some kind of a deal, now to the tune of $1.5 million, was made at least five years ago with John Lawton that never made its way to the city commission.

Hmm. Where do you suppose the money was going to come from? I know! Those same funds that the $1.4 million was taken from to give to SME as a "deposit".

The Animal Foundation doesn't run city government and their "our way or the highway" attitude is not commendable. This has gone beyond animals.

Animal Foundation Donation?

At last Friday's budget meeting, Commissioner Jolley indicated that Commissioner Rosenbaum said that "they agreed to donate the land and building of the present animal shelter to the Animal Foundation, in lieu of cash". Acting city manager Cheryl Patton indicated that the Animal Foundation would probably expect more.

When did "they" decide to do this? I did a check of the city website and I found no public hearing held on this issue or a vote taken to authorize this action.

Rosenbaum's statement should not be confused with the unanimous vote in favor of item #23 on the November 8, 2006 City Commission agenda:

In January of 2006, the Commission adopted an amended plat pursuant to the Memorandum of Understanding accepted by the City Commission on July 19, 2005 between the City of Great Falls, Robert Sletten, and the Animal Foundation of Great Falls. The agreement provided that the City deed approximately 55 feet of the west side of the aforementioned Lot 4 to Robert Sletten and Robert Sletten deed approximately 55 feet of land lying directly to the east of Lot 4 to the City or the Animal Foundation of Great Falls in order to make the property more usable for a new animal shelter facility. The amended plat adjusted the particular boundaries accordingly.

Is Rosenbaum confused or did a decision occur behind closed doors?

Special Examiner's Report

The city just published the special examiner's report concerning the police investigation into the animal shelter.

I've read the entire report. The allegations made were found to be without merit or could not be substantiated by the evidence.

The report acknowledged that mistakes were made; however it seems most of them stemmed from a breakdown in communication by the parties involved, rather than a deliberate attempt at wrongdoing.

As is usually the case, there's always more to the story than some would like you to believe.

Not A Great Day For Animal Activists

Yesterday Susan Overfield was found guilty of misdemeanor disorderly conduct and assault. She was fined a total of $1,280 and sentenced to 5 days of house arrest.

Next, the independent investigator the city hired to review the internal investigation done by the police department into wrong doings at the animal shelter, cleared the city of the allegations. According to the report, "The facts do not substantiate any finding of animal abuse or neglect at the shelter".

I hope we have seen the last of the theatrics from this group, but I kind of doubt it.

Special Investigator

At tonight's City Commission meeting, Commissioner Bronson read a letter prepared by Elizabeth Baker, the special investigator hired by the City Commission, to evaluate the investigation the police department conducted of allegations made against the City by Amy Lowe and Jason Dern regarding the operations of the animal shelter.

These are her criteria:

She will first tour the animal shelter and then has scheduled Feb. 11-12 as days that she and her partner will interview between 20-25 people. These people will include current and former employees of the shelter, members of the police department, HSCC, volunteers, veterinarians and concerned citizens. The interviews will be held in private and will be tape recorded. They will be made public, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.

Her investigation will not include the following:

* Examining the shelter from the "ground up". Her concern is only with the allegations as brought forth by Amy Lowe and Jason Dern.

* Financial funding of the shelter

* Which organization should operate the shelter

* Criminal charges

She expects her report to be completed within 60-90 days.

Remember The Recall?

Close to a month ago, animal activists demanded the recall of certain city officials. They were adamant they were going to start collecting signatures that week. Well, what happened?

I called the County Elections office on Thursday and spoke to Debbie Mart, elections supervisor. On January 24, the county's civil attorney issued a rejection letter, because, as I understand it, the petitions did not meet the evidential requirements as mandated by the State. According to Ms. Mart, Ric Valois indicated they would submit more documentation, but as of Thursday, no additional information had been received.