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2. Hear the PublicAgenda -January 4, 1998 AGENDA ITEM 2 - HEAR THE PUBLIC January 4,1999 Mayor and City Council: I am Ann Stafford, Arizona Street, Kalispell. I am going to read this so I am assured that what I am saying Is hat the people that have asked me to spearhead is move is exactly what we have discussed. We wish to return the City Manager form of government back to the people of this great city as the Mayoral government was voted out. The City Manager form of government Is ken away from us with this Mayor and a majority of the council that are out of touch with the common people - that are paying their wages to uphold the law. I will preface what we have to say by telling you we have been in contact with Torn Esch, County Attorney, Flathead County, the Commissioner on Ethical Practices in Helena, Attorney William Astle of Kalispell and the State of Montana Attorney General's office in Helena. We are people that will stand up for the public trust. We are in the opinion that 2-2-121-F, 2-2-125-2 and 3 of the Montana Code Annotation Volume 1, 2-2-103 1 and 252-2-:105-3 of the Government Structure and Administration Standards of Conduct. From the Montana State Attorney Generals office: Volume 47, Opinion 19 No.2. Also Klick v. Wittmer,50,Montana 22, 144 P.648 (1914); 46 p Atty. Gen. #26 (1996) citing 43 Op Atty. Gen. 47 at 165 (1989) which cites Acevedo v. City of North Pole, 672 P. 2d 130,134 (Alaska 1983); 46 Op. Atty. Gen.-- Thomas v. Dremmel,868.P. 2d,263,264 (Wyoming 1994) quoting Haskins v. State ex rel Harrington, 516, P. 2d91171 (Wyo 1973); 46 Op Atty. Gen. #26, Township of Page 2 Belleville v, Fornotto, 549A, 2d, 1267 (N.J. 1988) Clearly inimical to the public interest and thus prohibited by the doctrine of incompatible offices. We believe the rules of conduct are being abused by alloying Gary Nystul to even run for City Manager According to the ruling this is wrong as he participated in the firing of Clarence Krepps. We believe the Mayor oversteps his bounds as Mayor under a City Manager form of government The Mayors duties are very explicit in 2-2-125- 2 and 3 Of the ordinance governing administrations, a thru e. Then states the Mayor shall have no other executive or administrative duties, those being the responsibility of the City Manager. 2-2-12-3 Nystul was on the council which voted to fire Clarence Krepps, therefore he can not file for that job. Also a public officer may NOT within 12 months following his voluntary termination of office, obtain employment in which the officer will take direct advantage, UNAVAILABLE TO OTHERS, of which the officer was actively involved during a term of office. The Montana Supreme Court recognizes that two offices are incompatible when one has the power of removal over the other, when one is in any way subordinate to the other, when one has the power of supervision over the other, or when the nature and dtities of the two offices are such to render it improper from consideration of public policy, for one person to retain both. Offices and positions of public trust do not accumulate in a single person. This is definitely a problem we have with Mr. Neier, City Attorney holding this position and interim City Manager at the same time being paid by the taxpayers. Page 3 Our suggestion as the Kalispell public that I am speaking for is : 1. Go through the applications you received that had qualifications that Mr. Nystul does not Ih ave. when you ask for qualifications you may not go below that or may be sued, as we- understand. 2. Readvertise but do not lower your standards so Mr. . Nystul would qualify. 3. Dire a firm to find a City Manager for our great city that will have new ideas that will bring us forward instead of hindering progress and that will not be a yes man. What did it cost to bring in the three applicants that were here and for the _reception? The day Mr. Nystal - threw in his hat everyone felt it was a done deal but we are not going to let this happen to our- fine city. Evidently the three applicants were not checked out p -operly as a phone call to one city produced the it formation that he is charged with a felony and he was fi -ed last February so money doesn't seem to matter to g it what you want, not what the people want. The morale of the city is the lowest in years. When Mr. Graves stated "we know what Gary is and we don't need any new ideas here" He is wrong. I'll agree we know- how Gary is but we do need new ideas That rr mark turned a lot of people off to the trust of this c, )uncil. V e will pursue these issues in either civil or criminal c -urt, if necessary as we have been informed this could h ippen. Not the city which we dearly love, but the Mayor and a majority of the council which are not in touch with tt,e people. Some who are afraid to say how they feel as trey are involved or are afraid they will lose their jobs. P age 4 A ;o we feel the City Councils wishes are put ahead of w iat the constituents really want. There are things that wz deem immoral, unethical or illegal that we are pursuing. These alleged issues are also being referred to RICO for possible suit. we ' feel there seems to be a conspiracy among the M-3yor and a majority of the Council members to subvert the will of the electorate and want to return to ' a mayor/council form of government. In effect the City Manager would just be a mouthpiece for the Mayor. We suggest we get a City Manager to run our city but first you best get your ducks in order as no one in their rirlht mind would be able to work for this divided cc .uncil. Maybe when November comes we -can put s{ rite people in that will not vote for something they do of it agree with and will be for the citizens. we wish to be put on the agenda for January 18,1999 City Council meeting regarding the public to have an Ethics Review Board, in accordance with 2-2-144. we wish to submit names that have nothing to do with the c{ uncil or Mayor and who will be neutral in their dE visions. Also by then to have these issues cleared up. V4 - want you to hear private citizens, not politicians. T ink you all and a Char.. rou o the concerned people c his city for requestincthem.